News of the Week; December 23, 2020

DIGITAL

1. SolarWinds hack that breached gov networks poses a “grave risk” to the nation
2. Microsoft is reportedly added to the growing list of victims in SolarWinds hack
3. Microsoft president calls SolarWinds hack an “act of recklessness”
4. A Cybersecurity Storm and Winds of Change: NY DFS requires all New York financial institutions to report effects of SolarWinds hack
5. SolarWinds Fallout Warrants Vendor Pulse Check
6. Russia’s hacking frenzy is a reckoning
7. The Urgent Need to Assess and Respond to Russian Supply Chain Attacks
8. Secret Agents Implicated In The Poisoning Of Opposition Leader Alexey Navalny Identified Thanks To Russia’s Black Market In Everybody’s Personal Data
9. After riots, iPhone manufacturer says it “deeply regrets” exploiting workers
10. Google Isn’t Liable for Allegedly Problematic Search Results–Diez v. Google (Eric Goldman)
11. Google committed “antitrust evils,” colluded with Facebook, new lawsuit says
12. Embarrassing: New Antitrust Suit Against Google Confuses WhatsApp Encrypted Backup Option With Giving Google A Backdoor
13. Another Day, Another Antitrust Lawsuit For Google:
14. Czech Search Engine Seznam Joins In the ‘Let’s Sue Google’ Fun, Seeks $417 Million in Damages
15. Google kills Android Things, its IoT OS, in January
16. Google, Facebook reportedly agreed to work together to fight antitrust probes
17. FTC Seeks Information from Nine Social Media and Video Streaming Companies Regarding Their Data Collection, Use, and Advertising Practices
18. FTC orders social media and video streaming companies to provide data on privacy practices
19. TikTok Bars Content Promoting Multi-Level Marketing, Pyramid And Ponzi Schemes
20. Alibaba Says It’s Not Going After Uighurs (At Least Not Yet)
21. CDT Lacks Standing to Challenge Trump’s Anti-230 Executive Order (Eric Goldman)
22. Americans For Prosperity Sue Commerce Department To Find Out Who Was Influencing NTIA’s Attack On Section 230
23. Trump vetoes $740B defense bill, citing “failure to terminate” Section 230
24. Apparently Trump Refuses To Allow The Government To Do Anything At All Until The Open Internet Is Destroyed
25. Once Again, Section 230’s Authors Feel The Need To Tell Everyone That Section 230 Is Not The Evil You Think It Is
26. Content Moderation Case Studies: Copyright Claims On White Noise (2018)
27. Content Moderation Case Study: Using Copyright To Take Down A Transformative Criticism Video (2019)
28. Twitter repeals retweet roadblocks, Facebook follows suit
29. Dutch Prosecutors Say One Man Got Into Trump’s Twitter Account With ‘MAGA2020!’ Password
30. Apple is allegedly working on a passenger car, breakthrough battery tech
31. Musk says Apple passed on Tesla acquisition three years ago
32. 2021 Predictions For YouTube, feat. D’Angelo Wallace, Rebecca Zamolo, And Hank Green
33. NikkieTutorials To Lift Veil On Personal Turmoil, Triumphs In New YouTube Docuseries
34. MrBeast Launches Nationwide, Delivery-Only Burger Chain
35. Latest Drop From Creator-Focused Startup ‘Stir’ Will Help Nascent Vlogger Airrack Reach 1 Million Subs
36. David Dobrik To Host ‘Peace Out 2020’ Year-End Special On Facebook Watch
37. Emma Chamberlain Named Global Ambassador For New ‘Bad Habit’ Skin Care Brand
38. 2HYPE’s ‘Jesser’ Drops Limited Edition Sneaker Collab With Champs Sports, Puma
39. Scotty Sire Signs With Indie Rock Label Fearless Records, Drops Christmas Track
40. The D’Amelio Family’s Eight-Episode Reality Series To Arrive On Hulu Next Year
41. Netflix Testing Audio-Only Mode, Enabling Background Content Consumption
42. Vice Becomes First Publisher To Launch Verified OnlyFans Account For Its ‘Munchies’ Brand
43. Tesla Cybertruck Hot Wheels toy ships late—just like real Tesla cars
44. How an obscure British PC maker invented ARM and changed the world
45. Art, Technology and the Law: Capture by Paolo Cirio

A.I.

1. Copyright and Privacy Legal Issues Resulting from the Rising Popularity of Artificial Intelligence Use
2. AI Hospital Startup Olive Valued at $1.5B After Latest Funding Round
3. Video: Building better AI sensory systems

COMMUNICATIONS

1. BILL C-10: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
2. The Broadcasting Act Blunder, Day 19: The Misleading Comparison to the European Union (Michael Geist)
3. The Broadcasting Act Blunder, Day 20: The Case Against Bill C-10 (Michael Geist)
4. Early Warnings: Canada’s Regulators Issue Warning Letters to Mobile App Companies
5. We Had To Pass A Law To Stop Telecom Monopolies From Charging You ‘Rental Fees’ For Things You Already Own 
6. Lawmakers Question Why FCC Is Throwing Taxpayer Money At Incompetent Telcos With History Of Fraud
7. FCC Commissioner Brendan Carr Again Misrepresents The Debate Over Section 230 
8. FCC Seeks Comment on Modernized Equipment Marketing Rules
9. With Terrible Federal Broadband Data, States Are Taking Matters Into Their Own Hands 
10. New COVID Bill Includes Billions To Shore Up Broadband Access. But… 
11. Next Generation Broadcast TV Services Promoted in ATSC 3.0 Order
12. Big Changes Coming to Calling & Texting Legal Landscape? TCPA Update
13. AT&T Pisses Off Everybody (Especially Christopher Nolan) For Launching Movies Straight To Streaming
14. AT&T reportedly struggling to sell DirecTV at anything but a huge loss
15. AT&T Is Sad Because Nobody Wants To Overpay For DirecTV
16. Wonder Woman Forces AT&T & Roku To End Their Petty Squabbles
17. Law banning “rental” fees for customer-owned routers takes effect Sunday
18. Funding Europe’s broadband ambitions 
19. UK Government Plans for an Online Safety Bill
20. EU Publishes Proposal For Digital Services Act
21. US government bans tech exports to top drone maker DJI

INTELLECTUAL PROPERTY

1. Fair Use Permits Newspaper to Republish Photo Taken By Drone–Castle v. Kingsport Publishing (Eric Goldman)
2. Dr. Seuss/Star Trek Mash-Up Not Fair Use, Ninth Circuit Rules
3. The Mystery Of The Copyright On Sherlock Holmes’ Emotions Goes Unsolved Due To Settlement 
4. The Copyright Office Will Not Weigh in on Philadelphia Phillies’ Copyright Dispute
5. US COVID-19 relief bill would punish streaming of copyrighted content
6. Congress (Once Again) Sells Out To Hollywood: Sneaks CASE Act And Felony Streaming Bill Into Government Funding Omnibus
7. Senator Tillis Releases Massive Unconstitutional Plan To Reshape The Internet In Hollywood’s Image
8. Congress creates new copyright court that could make trolling easier
9. States can invoke sovereign immunity against claims of copyright infringement 
10. To Die For – New York Recognizes Publicity Rights of Deceased Performers. 
11. ‘Imagine’ This: John Lennon Would Have Received Post-Mortem Right to Publicity in New York
12. Jackson v. Netflix, Inc. (California Central District, December 9, 2020): Dismissal of trademark & copyright claims. “Tiger King” marks in popular Tiger King series is protected by First Amendment.
13. Fifth Circuit Says No Preliminary Injunction in Boozy Beverage Trademark Fight
14. Cerverceria Modelo SA de CV v Marcon.
15. Lemonade Beats Deutsche Telekom In French Court Over Use Of The Color Magenta
16. The Court of Appeal Adds a Few More Shades to Canada’s Grey Market
17. Brand protection: A comparison of U.S. and Canadian trademark systems 
18. New Year, New Trademark Fees 
19. US trade mark costs rise and Madrid Protocol grows
20. Domain Name Lawsuits Are Stupid (and the Initial Interest Confusion Doctrine Is Too)–Wooster Floral v. Green Thumb (Eric Goldman)
21. A Tale of Two Cookies: Third Circuit Dunks Cookie Stick Trade Dress Claims
22. 4 Mass. Trade Secret Litigation Tips From Facebook Ruling
23. Court Battle Between India’s SaaS Industry Leaders Being Fought in California 
24. What to expect from Canada’s new examination guidelines for patentable subject matter – interview 
25. Secret prior art: a trap for the unwary?
26. US Courts Can Compel Parties to Transfer Ownership of Foreign Patents

PRIVACY

1. C-11 – An Act to enact the Consumer Privacy Protection Act: Five top measures to get ready
2. Where Things Stand: Update on the Digital Charter Implementation Act, 2020
3. Making Connected Devices? Federal Privacy Commissioner Publishes Guidance for Manufacturers of Internet of Things Devices
4. Pornhub squarely targeted in bipartisan bill to regulate sex work online
5. A Major Wireless Network Flaw Is Still Being Exploited To Track User Locations
6. Zero-click iMessage zero-day used to hack the iPhones of 36 journalists
7. A New Antitrust Class Action Threat: Anticompetitive Invasion of Privacy
8. Cyber litigation will be the new battleground in 2021
9. Tracking the privacy issues stemming from the COVID-19 pandemic
10. Schools Are Using Phone-Cracking Tech To Access The Contents Of Students’ Devices
11. A Little Gloom for the Zoom Boom: FTC Settlement for Unfair and Deceptive Security Practices
12. FTC Issues Orders to Nine Social Media and Video Streaming Service Companies Regarding Privacy Practices
13. You Can’t Get There from Here: Did the EU Just Outlaw Almost All Transfers of Personal Data to the U.S.?
14. Kazakhstan spies on citizens’ HTTPS traffic; browser-makers fight back
15. The California Consumer Privacy Act (“CCPA”) – 2020 Year in Review
16. Does a business have to provide a privacy policy directly to a consumer if it obtains the consumer’s data from a third party (i.e., purchases it)?
17. Use of facial recognition technology increasing

GAMES

1. Games Are Now Making More Than Movies And Sports Combined: Gaming sales are up to almost $180 billion per year.
2. GamesIndustry.biz presents… The Year in Numbers 2020
3. Digital gaming just had its best revenue month ever in November
4. 31% of young UK gamers struggle to track spending on loot boxes: New report from Gambling Health Alliance says one in four gamers spend over £100 on randomised in-game items
5. Blizzard Sued for “Wiretapping” World of Warcraft Website Visitors
6. World of Warcraft Maker Hit with Privacy Invasion Class Action Lawsuit
7. Gearbox reaches settlement with Bobby Prince over Duke Nukem music
8. Jury Will Decide If Videogame Character Infringes a Wrestling Persona–GI Bro v. Call of Duty (Eric Goldman)
9. Investors reportedly considering class action lawsuit against CD Projekt Red
10. Sony removes Cyberpunk 2077 from PlayStation Store, promises refunds
11. Sony Removes Cyberpunk 2077 from PS Store, Will Offer Refunds to PlayStation Players Who Already Bought It
12. Sony pulls Cyberpunk 2077 from PlayStation Store
13. Sony delists PlayStation version of Cyberpunk 2077, offers refunds to all owners
14. Cyberpunk 2077 troubles cost CD Projekt founders more than $1bn
15. Xbox offering full refunds for Cyberpunk 2077 but isn’t removing it from sale 
16. Cyberpunk 2077 has sold over 13m copies
17. Cyberpunk 2077 sales climb to 13 million copies despite launch issues
18. Microsoft granting full refunds to anyone who purchased Cyberpunk 2077 digitally
19. CD Projekt hasn’t discussed removing Cyberpunk from Xbox platforms
20. CD Projekt Red Heaps Bullshit Via Tweet After Removing Game To Appease China
21. CD Projekt now pledges to help refund retail copies of Cyberpunk 2077
22. Red Candle Games announces launch of Devotion on GOG; GOG says it won’t list it
23. Raw Fury publicly shares publishing agreement
24. Read Raw Fury’s publishing terms (without signing your soul away first)
25. Assassin’s Creed Valhalla takes Christmas No.1 as Cyberpunk 2077 falls to third | UK Boxed Charts
26. Microsoft Flight Simulator has amassed over 2 million players in four months
27. Nintendo and Sony share prices rise to record highs
28. Miyamoto leads fans through Super Nintendo World—and it looks incredible
29. BuzzFeed Launches First Mobile Game — A Mental Health-Inspired Endless Runner
30. China introduces new age rating system
31. An insider’s perspective on China’s new age ratings | Opinion
32. “Simp,” “incel” part of newly banned insults on Twitch
33. These People Helped Shape Video Game Culture in 2020: Designers, competitors, streamers, voice actors and labor activists have been working to make gaming more inclusive.
34. Lost Sega arcade classics born anew in cute, $130 Astro City Mini
35. 2020: Games boomed, but the industry was treading water | Opinion
36. 2020: A year of success and responsibility
37. Four takeaways from the GI 100 Game Changers | Opinion
38. The Gaming Industry Generated 2 Million Sponsored Posts From 400,000 Creators This Year, Report Finds
39. The Game Awards sets new viewership record with 83m livestreams
40. Monster Hunter movie makes $2.2m in US opening weekend
41. Human: Fall Flat sells 2m in China
42. IP licensing for games: How to profit from brand injections
43. Discord valued at $7bn as it raises $100m
44. MAG Interactive acquired word game specialist Apprope
45. MAG Interactive acquires mobile studio Apprope for $6 million
46. Eneba raises $8m for online gaming marketplace
47. Distributed computing startup Salad raises $3.2m
48. Suikoden successor Eiyuden Chronicle was top video games Kickstarter of 2020
49. Nordisk Games buys 40% of MercurySteam
50. TikTok owner reportedly in talks to buy stake in Chinese mobile games publisher
51. Tencent officially acquires Splash Damage parent Leyou in $1.5 billion deal
52. Warframe studio “expects no changes” under Tencent ownership
53. Microids announces in-house distribution arm
54. Keywords acquires PR company Indigo Pearl and recording studio Jinglebell
55. Unity partners with Snap to extend reach of Unity Ads and deliver Snap Kit integration
56. Opinion: Game company acquisitions & the ‘growth stock bubble’
57. Mass market, mystery boxes and metric-driven design: The legacy of FarmVille
58. Making weirdness work: The sun-drenched horror of Paradise Killer
59. Esports to debut as medal event at Asian Games 2022
60. Esports Milestone: Esports Becomes A Medal Event At The Asian Games
61. Esports Milestone: The Philadelphia Eagles Become The First NFL Team To Dive Into Esports
62. Skillz goes public: Mobile esports platform is trading up 7% during its first day on the New York Stock Exchange
63. NRG Esports Unveils New ‘Full Squad’ Content Brand Targeting Casual Gamers
64. Twitch Signs Swedish ‘Fortnite’ Streamer Loeya To Exclusive Two-Year Deal
65. Rebecca Zamolo Launches $8 Video Subscription Service Inside Of Her Mobile Game
66. Microsoft Flight Simulator in VR: A turbulent start for wide-open skies
67. A rare look at the compassionate game design of Shigeru Miyamoto
68. Who’s playing what on PlayStation 5?
69. Ars Technica’s best games of 2020
70. Blog: 5 technical lessons learned making Art Sort in VRChat 
71. Blog: Hands on – Predicting players’ thinking
72. Blog: Developing Raji: An Ancient Epic and crossing the finish line
73. Blog: A postmortem of Cogmind’s 2020 ARG
74. Blog: Torchlight 3 – Data fixup war stories
75. Best of 2020: Breaking linear character progression with Outer Worlds’ flaw system
76. Best of 2020: How System Era overcame creative paralysis to fix Astroneer’s crafting system
77. Best of 2020: The trends and events that defined the year for game devs
78. Best of 2020: Level Design Analysis – Oxenfurt level in The Witcher 3: Wild Hunt
79. Best of 2020: How Jackbox CEO Mike Bilder is grappling with quarantine-driven success
80. Gamasutra’s Best of 2020: Bryant Francis’ top 10 games
81. Gamasutra’s Best of 2020: Chris Kerr’s top 5 games
82. Gamasutra’s Best of 2020: Alissa McAloon’s top 6(ish) games
83. Animal Crossing: New Horizons | Games of the Year 2020
84. The Last of Us Part 2 | Games of the Year 2020
85. Yakuza: Like a Dragon | Games of the Year 2020
86. 1997 – 2002 | Games of the Year 2020

J0n