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  • Welcome Cohort 1, UBC Foundations of Digital Media

    Welcome to the website for the UBC flavour of Foundations of Digital Media. Am excited to meet you tomorrow and evolve this course together. The course has been taught in various forms at the Centre for Digital Media for a decade. Hardly an old dog, but nevertheless there are new tricks to be had. Let’s […] Read More

News of the Week; February 24, 2021

By Jon Festinger on March 3, 2021

DIGITAL

  1. Ontario Superior Court denies certification of Cambridge Analytica class action
  2. Ontario Court Sets Out New Tort of “Harassment in Internet Communications”
  3. Anonymous internet commenter fails to set aside default judgment
  4. Yet Another Story Shows How Facebook Bent Over Backwards To Put In Place Different Rules For Conservatives
  5. Facebook to reverse Australia news ban after lawmakers alter bill
  6. Facebook Caves To Australia: Will Restore Links After Government Gives It More Time To Negotiate Paying For News Links
  7. Right to post: Australia calls Facebook blocks an assault on a sovereign nation: Health Minister Greg Hunt has turned up the rhetorical dial after Facebook blocked Australian news media this morning.
  8. Facebook news ban is “arrogant,” Australia will not be “intimidated,” PM says
  9. The Bizarre Reaction To Facebook’s Decision To Get Out Of The News Business In Australia
  10. Why Is Facebook’s Decision to Restrict News in Australia So Significant?
  11. Australian News Sites Shocked & Upset To Learn They Don’t Need To Rely On Facebook For Traffic!
  12. Facebook’s Australian News Ban Did Demonstrate The Evil Of Zero Rating
  13. Beware the Unintended Consequences: Some Warning Signs for Canada from the Australian Government Battle With Facebook (Michael Geist)
  14. The Complexity of Internet Content Regulation – A Conversation with CIPPIC’s Vivek Krishnamurthy (Michael Geist)
  15. Microsoft throws Google under the bus in European news fight
  16. The Librarian War Against QAnon
  17. TikTok Removed Nearly 350,000 Videos For Violating Election Policies
  18. New ‘TikTok For Black Creatives’ Incubator Unveils Inaugural Class Of 100 Creators
  19. Arizona’s $24-Million Prison Management Software Is Keeping People Locked Up Past The End Of Their Sentences
  20. YouTube Removes PewDiePie’s Cocomelon Diss Track, Citing Harassment And Child Safety Policies
  21. Is Mandated Sideloading The Answer To App Store Deplatforming?
  22. YouTube Will Begin Letting Underage Users Onto Its Flagship Platform — With Parental Supervision
  23. Five Things Platforms Can Do Today to Fight Disinformation
  24. Indian Government Requires Educational Establishments To Obtain Its Approval For The Subject Matter And Participants Of International Online Conferences And Seminars
  25. Tech groups sue Maryland to block new digital-ad tax from going into effect
  26. How Oregon’s Top Wildlife Official Got Sued Over His State’s Hunting App
  27. Is Section 230 Just For Start-ups? History Says Nope
  28. North Dakota’s New Anti-230 Bill Would Let Nazis Sue You For Reporting Their Content To Twitter
  29. Attacks On Internet Free Speech In Malaysia And Indonesia Demonstrate Why Section 230 Is So Important
  30. Content Moderation Case Study: Senator Asks YouTube To Block Al Qaeda Videos (2008)
  31. Content Moderation Case Study: Chatroulette Leverages New AI To Combat Unwanted Nudity (2020)
  32. The Grim Consequences of a Misleading Study on Disinformation: An influential study relies too heavily on news reporting – which has only recently acknowledged the social media manipulation problem at all.
  33. Social media manipulation by political actors now an industrial scale problem prevalent in over 80 countries – annual Oxford report
  34. Congressional Jawboning of Internet Services Isn’t Actionable–AAPS v. Schiff (Eric Goldman)
  35. Doctor Can’t Win Default Judgment Over Patient’s Yelp Review–Mirza v. Amar (Eric Goldman)
  36. An Account Suspension Case Fails Again–Perez v. LinkedIn (Eric Goldman)
  37. UK Supreme Court says Uber drivers are not independent contractors
  38. Uber: Bankrupt engineer Levandowski is hiding millions from creditors
  39. Maryland First State to Adopt Digital Ad Tax
  40. Hosts Of Gimlet Media’s ‘Reply All’ Step Down After Allegations Of Toxic, Anti-Union Behavior
  41. Can YouTube Teach Facebook A Better Way To Handle News Content In Australia And Beyond?
  42. YouTube Shutters 7 Remaining ‘YouTube Spaces’ Globally, Doubling Down On Pop-ups And Virtual Programming
  43. YouTube launches new destination for sports fans and expands its YouTube Select CTV offering
  44. YouTube Announces 2021 Slate Of More Than 30 Kids’ Originals
  45. YouTube TV To Offer $30 Add-On Bundle Comprising HBO Max, Showtime, And Starz
  46. This Week In Social Video: Mars Landing, Rick Lax, Happy Gilmore
  47. Spotify Will Enable Podcasters To Charge For Monthly Subscriptions, Slates Broader Rollout For Video Podcasts
  48. TikTok without filters
  49. TikTok Locks In Multiyear Partnership With UFC
  50. David Dobrik’s ‘Dispo’ App Reportedly Eyeing Series A Funding Round At $100 Million Valuation
  51. Logan Paul Sells $5 Million Worth Of NFTs Ahead Of His Pokémon Box Break
  52. MrBeast Says His Burger Brand Sold One Million Sandwiches In 2 Months
  53. Creator Community Standard Launches In-House Studio Offering Production Resources To All Digital Creators
  54. A Teenaged Tech CEO Tries To Sneak In After Curfew And Finds His Mom Waited Up For Him
  55. Internationalized domain names: definition, challenges, and status
  56. The bitcoin blockchain is helping keep a botnet from being taken down
  57. Virtual Currency Platform Settles NY AG Charges for Unlawful Trading
  58. Treasury Secretary Skeptical of Bitcoin
  59. SEC halts trading of iced tea company that pivoted to blockchain
  60. SEC Delists the Iced-Tea Company that Added “Blockchain” to Its Name
  61. The rise of the online divorce
  62. Another route for resolving technology disputes?
  63. Is Quantum Computing about to actually become useable – even useful?
  64. Roundup of Some Influential 1990s Internet Law Articles (Eric Goldman)

A.I.

  1. Copyright in works created by artificial intelligence: issues and Perspectives
  2. Artificial Intelligence and Patents: Inventing Inventors
  3. Takeaways | Requiring Human Inventorship – Opportunities to Advise Whether to Prohibit, Permit, or Require Listing an AI Algorithm as an Inventor – Eastern District of Virginia & European Patent Office
  4. Legal Aspects of Artificial Intelligence (v3.0)
  5. The AI research paper was real. The “co-author” wasn’t
  6. Google fires top ethical AI expert Margaret Mitchell: The tech giant claims Mitchell violated staff codes of conduct.
  7. AI and Privacy Are on a Collision Course
  8. AI can write a passing college paper in 20 minutes: Natural language processing is on the cusp of changing our relationship with machines forever.
  9. CMA continues its focus on digital markets with a call for evidence on the use of algorithms
  10. Will the Final Chapter Come? FDA’s Action Plan for Oversight of Artificial Intelligence/Machine Learning-Based Medical Software
  11. Trust, transparency and meaning: success factors in effective AI projects
  12. Video: Improving the AI of Mafia III

COMMUNICATIONS

  1. Court Tosses Devin Nunes’ Silly SLAPP Lawsuit Against CNN
  2. California can enforce net neutrality law, judge rules in loss for ISPs
  3. California Poised To Defeat Broadband Industry In Scrum Over Net Neutrality
  4. ‘Net Neutrality Hurt Internet Infrastructure Investment’ Is The Bad Faith Lie That Simply Won’t Die
  5. Comcast reluctantly drops data-cap enforcement in 12 states for rest of 2021
  6. AT&T and Frontier have let phone networks fall apart, Calif. regulator finds
  7. Cox’s bad customer service stymies users who don’t want upload speeds cut
  8. The DOJ/FCC ‘Fix’ For The T-Mobile Merger Is Looking More And More Like Theater
  9. Chattanooga Built Its Own Broadband Network. Now It’s The Top Ranked ‘Work From Home’ City In The US
  10. New Bill Tries To Ban Community Broadband. During A Pandemic.
  11. FCC Pressured To Let Libraries Bridge Broadband Access During The Pandemic
  12. Apple is already working on developing 6G wireless technology
  13. Apple beats Samsung in phone sales for first time since 2016
  14. Maryland Electric Cooperative Launches Broadband Subsidiary
  15. House Republicans propose nationwide ban on municipal broadband networks
  16. LG enters fray with Google, Amazon, Roku for TV operating system dominance
  17. China blocks BBC World News in Tit-for-tat move following CGTN Ban in UK
  18. ASA rejects a complaint that a Johnnie Walker ad encouraged immoderate drinking
  19. CARU Encourages Advertisers to Focus on Diversity and Inclusion
  20. Broadening the Definition of Express and Implicit Representation in Children’s Advertising

INTELLECTUAL PROPERTY

  1. Canadian consultation on extending the general term of copyright open through March 12
  2. Extra, extra, read all about it: new Canadian Bill proposes remuneration for use of journalistic works online
  3. Time to Pay the Copyright Piper? A Digital Media Platform Copyright Reckoning for Journalists is Upon Us!
  4. Meghan Markle gets summary judgment – but is she the sole author of her letter?
  5. Duchess of Sussex wins summary judgment in copyright and privacy claims
  6. Duchess of Sussex v Mail on Sunday & MailOnline
  7. HHJ Hacon decides ownership of Virtual Forensic Computing software created during course of employment.
  8. Karma: Twitch Replaces Live Metallica Concert With 8-Bit Music To Avoid Copyright Madness 
  9. Understanding the Boundaries of Using Copyrighted Learning Materials in Distance Learning 
  10. Hooray for the Public Domain: A prequel to The Great Gatsby sees the light of day!
  11. A Closed Book: No Past Infringement, No Reading Between the Lines into the Future
  12. Third circuit panel revises half-baked trade dress functionality decision
  13. 9th Circuit swivels on trade dress functionality doctrine in favor of iconic Herman Miller office chairs
  14. Apple Settles Trademark Opposition With PrePear Recipe App After The Latter Makes A Barely Perceptible Change In Logo
  15. A Registration is a Trump Card
  16. Peloton Seeks To Invalidate ‘Spinning’ Trademark Held By Trademark Bully
  17. FyreTV Porn Service Asks 11th Circuit Panel To Resurrect Dumb Trademark Suit Against Amazon Over FireTV
  18. USPTO Provides Guidance in View of ‘Booking.com’
  19. Trademark registrability of generic.com domain names following US Supreme Court decision on Booking.com
  20. Fairtrade Fortnight
  21. Protecting product appearance through trademark and design registrations
  22. Domain Name Dispute Resolution Options: Features, Benefits and Other Considerations for Selecting Between UDRP and URS
  23. Federal Circuit Clarifies When Appellate Review Triggers Patent Term Adjustment
  24. Federal Court Dismisses Limitation Period Defence in Patent Infringement Action under Section 8.2 of the PM(NOC) Regulations 
  25. Canadian courts are interpreting supplementary pharmaceutical patent protection more broadly than their EU counterparts
  26. Lack of enablement in Amgen v Sanofi and Regeneron
  27. Federal Circuit Axes Amgen Antibody Patents, Finding Lack of Enablement
  28. Judge Schofield Rejects Application of Rare Equitable Estoppel Defense
  29. 2G or Not 2G: Patent License Applies to Future Generation Wireless Networks
  30. Boom in M&A shifts semiconductor patent landscape 
  31. Patent Office Issues Guidance on Indefiniteness
  32. When is someone “authorised” to use a patented invention for the services of the Crown and therefore immune from patent infringement?
  33. John Deere Promised To Back Off Monopolizing Repair. It Then Ignored That Promise Completely.

PRIVACY

  1. Evidence of Harm Required To Advance Class Action Following Data Breach
  2. Uber Denial of Class Action – Alberta Court Denies Certification of Privacy Class Action
  3. Alberta court confirms competent Testator’s right to privacy
  4. Why Transparency Won’t Save Us
  5. Treasury Oversight Says IRS Should Consider Getting Warrants Before Buying Location Data From Data Brokers
  6. Ninth Circuit Sends Alexa Surreptitious Recording Case to Arbitration–Tice v. Amazon (Eric Goldman)
  7. Data Breach Plaintiff Doesn’t Have Standing in the Absence of Fraud or Identity Theft–Tsao v. Captiva
  8. The First Circuit Court of Appeals confirms government’s expansive authority to search electronic devices
  9. Think Before You Pack that Laptop—Searches at the U.S. Border May Compromise Personal and Corporate Data
  10. Microsoft says SolarWinds hackers stole source code for 3 products
  11. Global social media company should take measures to prevent app developers from transmitter users’ sensitive data
  12. Private firms can’t protect us from digital attacks. Government must step in.
  13. Post-IDFA Alliance forms to prepare for Apple privacy changes
  14. New browser-tracking hack works even when you flush caches or go incognito
  15. Clearview and Blackbaud – Where are we, how did we get here, and where are we going?
  16. To pay or not to pay: Another regulator weighs in on the decision to pay a ransom
  17. GDPR in practice for North American companies: Key takeaways from Jan 21. 2021 Webinar
  18. LAPD Asked Ring Users To Turn Over Footage Of Anti-Police Brutality Protests
  19. Firefox 86 brings multiple Picture-in-Picture, “Total Cookie Protection”

GAMES

  1. Oxford University Study Shows Small Correlation Between Playing Video Games And ‘Well Being’
  2. Illinois politician proposes a Grand Theft Auto ban
  3. New Illinois Bill Would Expand Restrictions on Video Games
  4. Case Study: How ADL Used Custom Consumer Research to Measure Harassment & Disruptive Behavior in Online Games
  5. Epic giving out virtual currency after loot box settlement
  6. Epic Games settlement awards in-game cash to Fortnite, Rocket League players
  7. Epic will pay off class-action loot-box settlement with in-game currency
  8. UK antitrust tribunal blocks Epic’s case against Apple
  9. Epic Games attacks Apple in antitrust complaint to EU: Apple’s position as a gatekeeper for what apps can appear on iPhones or iPads has already attracted EU antitrust scrutiny
  10. Valve gets dragged into Apple and Epic’s legal fight over Fortnite
  11. Apple turns to Valve for information in legal battle with Epic
  12. Valve pushes back against Apple’s attempt to rope it into the big Epic v. Apple dispute
  13. Bethesda faces lawsuit over Fallout 4 DLC: The company faces charges of deceit for not including its Creation Club in the game’s Season Pass, which could delay Microsoft’s ZeniMax takeover
  14. Class-action suit takes aim at Google Stadia’s 4K claims
  15. Google Faces Class Action Over Claims that all Stadia Games Support 4K
  16. Google Disbands Stadia Game Developers And Signals Potential For More Trouble Ahead
  17. Stadia Fallout: Nobody Can Address Stadia Games’ Bugs Because Google Fired All The Developers
  18. Luna, Amazon’s cloud gaming service, is no longer invite-only on some devices
  19. WallStreetBets agitator Keith Gill faces class action lawsuit over Gamestop Reddit Rally
  20. Robinhood says GameStop volatility was a “1 in 3.5 million” black swan
  21. GameStop, Musk, and the threat to decentralization (Andres Guadamuz)
  22. GameStop CFO resigns
  23. GameStop CFO Jim Bell resigns
  24. SEC Commissioner Peirce Reaffirms Agency Mission in Light of GameStop
  25. Microsoft Unveils Xbox Accessibility Guidelines Version 2.0
  26. Biden admin plans executive order to address chip-shortage woes
  27. Semiconductor shortage hitting console production to be investigated by White House
  28. Chip shortage may threaten PlayStation 5 supplies at Christmas
  29. PS5 DualSense drift — this teardown just revealed the cause
  30. Gran Turismo 7 for PS5 just hit a major delay
  31. Gran Turismo 7 delayed to 2022
  32. CD Projekt Red issues DMCA to prevent spread of stolen Gwent code
  33. CD Projekt issues DMCA takedowns to halt spread of illegally obtained source code
  34. Report: Some CD Projekt devs unable to work after ransomware attack
  35. Take-Two DMCA takes down reverse-engineered GTA source code
  36. Take-Two reportedly takes down reverse-engineered GTA3, Vice City source code
  37. What a woman games journalist experiences in a week
  38. Developer banned from Steam for naming studio Very Positive
  39. Steam’s new controller reporting lets devs know how their games are played 
  40. Burning Crusade Classic leaks ahead of BlizzCon
  41. Diablo II Resurrected tops BlizzCon announcement flurry
  42. Hardsuit Labs dropped as Vampire the Masquerade: Bloodlines 2 developer
  43. Microsoft’s accessibility guidelines are a great start — but we can go further | Opinion
  44. Nvidia nerfs cryptocurrency mining capabilities on newest graphics card
  45. Here’s why Glu is an excellent strategic fit for EA
  46. EA, BioWare cancel Anthem’s sweeping overhaul
  47. BioWare cancels plans for Anthem rework, shifts focus to Dragon Age and Mass Effect
  48. Crusader Kings III helps Paradox to best financial year in history
  49. Paradox reports best year ever in 2020
  50. Paradox removes Hardsuit Labs as Bloodlines 2 developer, title delayed indefinitely
  51. Unity report shows mobile games ad revenue grew 8% in 2020
  52. January digital games spending reaches $11.6bn
  53. Super Mario 3D World holds off FIFA resurgence | UK Boxed Charts
  54. Valheim tops 500,000 concurrent players on Steam in under three weeks
  55. Valheim has sold over 3 million copies in 17 days
  56. Paradox reveals new subscription service for Crusader Kings 2
  57. Paradox rolls out Crusader Kings II subscription plan to make DLC more accessible
  58. Nintendo delivered a strong Direct, but fan impatience grows | Opinion
  59. GameMaker to add next-gen support
  60. HP acquires HyperX
  61. Soccer Manager gets £3m investment
  62. Notre Dame sitting out of EA Sports College Football for now
  63. EA completes $1.2 billion acquisition of Dirt developer Codemasters
  64. EA completes $1.2bn Codemasters acquisition and hopes to “revolutionise” racing games
  65. Thunderful acquires Bridge Constructor publisher Headup in €11m deal
  66. Thunderful acquires Bridge Constructor publisher Headup for $13.3 million
  67. Thunderful Group full-year revenues rise to $374m despite Q4 profit drop
  68. Bandai Namco take minority stake in Might & Magic dev Limbic Entertainment
  69. Roblox to begin trading shares in March
  70. VSPN reportedly considering IPO
  71. Bungie scaling up to expand Destiny ‘into additional media’ and create new IPs
  72. Bungie opening Amsterdam publishing office
  73. Instant mobile game platform Artie raises $10m seed fund
  74. Instant mobile game platform Artie secures $10 million in funding
  75. ‘LinkedIn for gamers’ Efuse raises $6m 
  76. BebopBee lands $2m in funding
  77. Netmarble acquires Kung Fu Factory 
  78. Netmarble US to acquire NBA Ball Stars dev Kung Fu Factory 
  79. Lucid Sight acquires multiplayer engine Colyseus 
  80. Fandom acquires digital games marketplace Fanatical
  81. Larian opens UK development studio to work on Baldur’s Gate 3 
  82. IronSource acquires playable and video advertisement platform Luna Labs
  83. Tencent grabs minority stake in TerraTech developer Payload Studios
  84. Saudi sovereign fund invests over $3 billion in major game publishers
  85. Saudi investment fund acquires shares in Activision Blizzard, Take-Two, and EA
  86. Live-action Twisted Metal TV series moving forward
  87. Cambrian’s new game design program launches in September
  88. Top Streamer Dr Disrespect To Release Comedic Memoir On March 30 
  89. Omaken Sports forms “Nordic powerhouse of esports” with Heroic acquisition
  90. OverActive plans Toronto esports arena: Owner of Toronto Ultra and Toronto Defiant says 7,000-seat, $500 million venue projected to be complete in 2025 
  91. YouTube Millionaires: For 17-Year-Old ‘Fortnite’ Enthusiast Ryft, “The Future Is Looking Very Bright”
  92. CAA Signs Fast-Growing Facebook Gaming Creator Zack ‘ZLaner’ Lane 
  93. Striker VR raises $4 million for VR gun peripheral
  94. Sony developing ‘next-generation VR system’ for PlayStation 5
  95. Sony announces new PSVR hardware for PlayStation 5
  96. Sony just confirmed PSVR 2 for PS5 — these are the biggest upgrades
  97. Next-Gen VR Dev Kits for PS5 Shipping Soon with “completely new VR format”
  98. Sony Confirms Next-Gen PSVR is Coming, New Controllers to Feature DualSense Tech
  99. PlayStation’s commitment is a huge boost to the VR market | Opinion
  100. Carmack: Facebook-Oculus Acquisition ‘Not A Perfect Outcome’ But Still ‘Correct’ For The Company 
  101. VR specialist NDreams becomes a third-party publisher with $2 million fund
  102. Making terms and acquisitions more accessible to users
  103. The legend of The Legend of Zelda 
  104. The secret to Final Fantasy XIV’s longevity lies in the room its devs are given to innovate
  105. Let them fight! Mortal Kombat red-band trailer gives fans what they want 
  106. Minit devs launch Minit Fun Racer, with all proceeds to go to charity
  107. Don’t Miss: In It To Minit – Designing a world of one-minute adventures
  108. Blog: A market status and design analysis of Autochess
  109. Blog: How game developers can tackle the climate crisis
  110. Blog: Urban Japan and megacities expert discusses Cyberpunk 2077 
  111. Blog: Writing slapstick and narrative as one
  112. Blog: My full time indie developer life – Year 4
  113. Don’t Miss: Blizzard’s postmortem of Diablo II
  114. Don’t Miss: Making Oxenfree’s narrative unfold like a free-flowing conversation

Jon

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News of the Week; February 17, 2021

By Jon Festinger on February 21, 2021

DIGITAL

  1. Beyond Defamation: Ontario Court Recognizes New Tort of Internet Harassment
  2. Expanding the Courts’ arsenal to combat online abuse – The new tort of harassment in Internet communications
  3. Conservative News Outlet Ordered To Pay More Than $250,000 In Legal Fees To Rachel Maddow, MSNBC
  4. Trump’s False Posts Were Treated with Kid Gloves by Facebook 
  5. Facebook goes nuclear, banning all news posts in Australia
  6. Big Tech opens wallet for publishers as Australian news code looms
  7. Google and Facebook grapple with news publishers, as Australia becomes a test case
  8. The Internet Is Splintering
  9. The world’s second-most popular desktop operating system isn’t macOS anymore
  10. Posing as Amazon seller, consumer group investigates fake-review industry
  11. There won’t be blood: Apple is making its syringe emoji a vaccine dose
  12. New report on Apple’s VR headset: 8K in each eye, potential $3,000 price tag
  13. Apple’s car project could put it on a collision course with Tesla
  14. New York Administrative Law Judge Determines That Online Security Services Are Subject to Sales Tax
  15. State lawmakers override veto, become first in nation to tax online ads
  16. Biden Administration Presses Pause on WeChat and TikTok Appeals
  17. Biden Administration Asks Federal Courts to Pause TikTok and WeChat Cases
  18. Twitter CFO Says Trump Is Banned In Perpetuity, Even If He Runs For Office Again
  19. Facebook has been helping law enforcement identify Capitol rioters
  20. Facebook Blocks News Viewing, Sharing In Australia, Faces Backlash From Emergency Services
  21. Zuckerberg responds to Apple’s privacy policies: “We need to inflict pain”: Meeting between Zuckerberg, Cook “resulted in a tense standoff.”
  22. Insights: Apple And Facebook Are Fighting For The Future As Much As For Now
  23. Inside the Making of Facebook’s Supreme Court: The company has created a board that can overrule even Mark Zuckerberg. Soon it will decide whether to allow Trump back on Facebook.
  24. The Copia Institute To The Oversight Board Regarding Facebook’s Trump Suspension: There Was No Wrong Decision
  25. Zuckerberg’s Grand Illusion: Understanding The Oversight Board Experiment
  26. Why We Filed A Comment With Facebook’s Oversight Board
  27. United States: towards the end of Internet intermediary immunity?
  28. New details emerge about Google’s payments to link to French news sites
  29. Why young designers are using social media to shame fast fashion copycats
  30. Twitter & India Still Arguing Over Whether Or Not Twitter Accounts Supporting Farmer Protests Need To Be Removed
  31. Instagram bans top anti-vaxxer Robert F. Kennedy Jr. over COVID falsehoods
  32. Orrin Hatch, Who Once Wanted To Destroy The Computers Of Anyone Who Infringed On Copyrights, Now Lies About Section 230
  33. Content Moderation Case Study: Valve Takes A Hands Off Approach To Porn Via Steam (2018)
  34. Content Moderation Case Study: Google ‘Removes’ German Residences From Street View By Request (2010)
  35. Section 230 Protects App Store from Liability for Apps With Loot Boxes–Coffee v. Google (Eric Goldman)
  36. Section 230 Applies to Articles by Huffington Post Contributors–Page v. Oath (Eric Goldman)
  37. Nvidia wants to buy CPU designer Arm—Qualcomm is not happy about it
  38. Nvidia acquisition of Arm under fire from Microsoft and Google
  39. Prosecutor charges former phone company employee in SIM-swap scheme
  40. WhatsApp messages – who is in control?
  41. Google flags its iOS apps as “out of date” after two months of neglect
  42. Top 50 Most Viewed YouTube Channels Worldwide Last Week
  43. Top 50 Most Viewed U.S. YouTube Channels Last Week
  44. YouTube’s ‘Shorts’ TikTok Clone, With 3.5 Billion Daily Views, To Arrive In The U.S. This March
  45. YouTube Launches Bi-Weekly ‘Shorts Report’ To Bolster Its TikTok Competitor
  46. YouTube TV Readies Add-On Package With 4K, Offline Viewing, Unlimited Concurrent TV Screens
  47. YouTube Unveils 2021 Originals Slate Featuring Markiplier, Marques Brownlee, Jake Roper
  48. YouTube Will Expand Tipping Tool ‘Applause’ To More Channels, Is Testing Ecommerce Feature For Creators
  49. TikTok’s U.S. Ad Business Grew 500% In 2020, It Says
  50. ASA continues crackdown on influencer #ads as Love Island’s Luke M is the latest to fall foul of advertising rules
  51. SAG-AFTRA Ratifies New ‘Influencer Agreement’ Covering Creator-Generated Branded Content
  52. Grace Helbig, Mamrie Hart To Catch Up With OG YouTubers In Limited Podcast ‘How Ya Been?’
  53. Collectibles Marketplace Goldin Auctions Raises $40 Million, Pacts With Logan Paul For Pokemon Card Event
  54. Charli D’Amelio Builds On Dunkin’ Donuts Alliance With Second Signature Coffee Drink
  55. Emma Chamberlain Named Spokesmodel For PacSun
  56. This Week In Social Video: Super Bowl (Ad) Shuffle
  57. Disney+ Closes 2020 With 94.9 Million Subscribers, Expects To Hit 230 Million In 2024
  58. Apple TV+ acquires a “sci-fi courtroom drama” about a murderous robot doll
  59. After the failure of the Facebook Phone, get ready for a Facebook Watch
  60. Parler’s Found A New Host (And A New CEO)… For Now
  61. Parler says it’s back without “Big Tech” after being kicked off Amazon
  62. When Can Plaintiffs Serve Process Via Online Methods? ¯\_(ツ)_/¯
  63. Internet Law Year-in-Review for 2020 (Eric Goldman)
  64. An anniversary for great justice: Remembering “All Your Base” 20 years later

A.I.

  1. AI Update: USPTO Releases Report on Growth of Artificial Intelligence Applications
  2. IP law and strategy for AI – A European perspective
  3. AI Hiring Tools Present New Risks: What’s Next in the US
  4. Top Ten Legal Considerations for Use and/or Development of Artificial Intelligence in Health Care
  5. FDA Issues Long-Awaited Action Plan for Artificial Intelligence/Machine Learning-Based Software As a Medical Device
  6. Video: The AI of Assassin’s Creed Origins

COMMUNICATIONS

  1. Vancouver’s TSN 1040 off the air after Bell suddenly pulls the plug: Vancouver’s most popular sports radio station shut down Tuesday morning, surprising fans and staff alike
  2. Bell abandoning all-sports format at radio stations in Vancouver, Winnipeg, Hamilton
  3. Why Laid Off Bell Sports Journalists Should Form A Worker Co-op: We cannot rely on legacy corporate media to save the journalism industry. It’s time to build something better.
  4. Circumventing Parliament: How Bill C-10 Dramatically Reduces Parliamentary Oversight and Review Over Broadcast Policy (Michael Geist)
  5. Texas Power, Phone Outages Again Highlight How Infrastructure Underinvestment Will Be Fatal Moving Forward
  6. Ajit Pai Tried To Strangle A Broadband Aid Program For Low Income Americans. Then A Pandemic Hit.
  7. State Laws Restricting Community Broadband Are Hurting US Communities During The Pandemic
  8. Are Social Media Services “State Actors” or “Common Carriers”? (Eric Goldman)
  9. FCC to Hold Hearing to Determine What Felony Conviction of Station Owner Means for License Renewal – What Does the FCC Character Policy Require of Broadcast Applicants?
  10. The Return of the Fairness Doctrine – What it Was and Why it Won’t Return
  11. The digital divide is giving American churches hell
  12. Dumb New GOP Talking Point: If You Restore Net Neutrality, You HAVE To Kill Section 230. Just Because!
  13. AT&T scrambles to install fiber for 90-year-old after his viral WSJ ad
  14. A 90 Year Old Shouldn’t Have To Buy A $10,000 Ad Just To Get AT&T To Upgrade His Shitty DSL Line
  15. Cox cuts some users’ uploads from 30Mbps to 10Mbps—here’s how to avoid it
  16. Frontier raises sneaky “Internet Infrastructure Surcharge” from $4 to $7
  17. Annoyance Builds At Elon Musk Getting A Billion In Subsidies For Starlink Broadband
  18. SpaceX plans Starlink phone service, emergency backup, and low-income access
  19. SpaceX Starlink passes 10,000 users and fights opposition to FCC funding
  20. FCC Prepares to Auction AM and FM Radio Construction Permits, Seeks Comments on Procedures
  21. Louisiana AG Sues Journalists To Keep Them From Obtaining Documents Detailing Sexual Harassment By Top Prosecutor
  22. CAN-SPAM Requires Falsity or Deception, But What Do Those Words Mean?–Rad v. US
  23. Kang v. PF Chang’s, Inc.: Reasonable Consumer Deception, or Just a “Crabby” Plaintiff?
  24. Who is leading the 5G patent race? A patent landscape analysis on declared SEPs and standards contributions
  25. A reckoning for the paparazzi and tabloid media

INTELLECTUAL PROPERTY

  1. A consultation on how to implement an extended general term of copyright protection in Canada (Canada)
  2. Copyright Term Extension – March 12 2021 Deadline to Respond to Very Disappointing Document (Howard Knopf)
  3. Afraid to Lead: Canadian Government Launches Timid Consultation on Implementing Copyright Term Extension (Michael Geist)
  4. The Copyright Bill That Does Nothing: Senate Bill Proposes Copyright Reform to Support Media Organizations (Michael Geist) 
  5. Copyright Term Extension: To Life Plus 70 Years, But Not Beyond! Government Consultation on Copyright Term Extension Now Open
  6. Should We Require Human Inventorship? Submit Your Amicus Brief by March
  7. Is This Beverly Hills Cop Playing Sublime’s ‘Santeria’ to Avoid Being Live-streamed?: Police in Beverly Hills have been playing music while being filmed, seemingly in an effort to trigger Instagram’s copyright filters.
  8. Copyright and database rights in database schema: Software Solutions Ltd and others v 365 Health and Wellbeing Ltd and Smith
  9. Judiciary’s Approach to Moral Rights under Copyright Law
  10. H&M and Unicolors weave up at Copyright battle at US SC
  11. UK Courts find hidden voice in film authorship dispute
  12. Pan-European Design Protection: Considerations for the fashion sector post-Brexit 
  13. Utah Theme Park Sues Taylor Swift Over Album Title After Exploiting It 
  14. A Shoe-In? Fleet Feet Gives Injunction Appeal the Moot Boot
  15. Amazon keeps hitting the target… but not quite in a trade mark context 
  16. One too many Pink Ladies
  17. Tefal fails to secure trade mark protection for its red dot despite survey evidence 
  18. ‘It’s like milk but made for humans’: General Court overturns EUIPO’s refusal to register Oatly’s trade mark
  19. When is a slogan a trade mark?
  20. Random Jackass Attempts To Trademark ‘Mayor Of Mar-A-Lago’ In The Most Hilarious Way
  21. How life sciences companies can strengthen IP strategies through the use of trade secrets
  22. ITC Finds Trade Secret Misappropriation and Bars Electric Vehicle Batteries from SK Innovation—With Exceptions
  23. $6 Million Verdict Vacated in Flooring Tech Trade Secrets Row
  24. The Facts on Fax Machines: They’re Not Dead, They’re Indefinite
  25. Foreign Prosecution History: To Admit, Or Not To Admit, That Remains a Puzzle To Canadian Courts 
  26. Federal Court finds silodosin formulation patent valid but not infringed
  27. Patent application extensions of time in Canada
  28. Extensions of time in Canada: worth the trouble?
  29. Contradictory Positions Render Claims Indefinite 
  30. “Safe Harbor” Act May Save Pfizer From Infringement for Covid Vaccine Clinical Trials
  31. It Is Improper To Read a Claim in a Grammatically Incorrect Way Simply To Include a Disclosed Embodiment
  32. US patents: Body blow for antibodies 
  33. There’s no such thing as an international patent
  34. Everyday IP — Flushing out the facts: When was indoor plumbing invented?
  35. From Snail Mail to Streaming: The Netflix Intellectual Property Story
  36. Cloud Contracts: The Impact of Common Terms of Service Provisions on Intellectual Property Rights
  37. The link between intellectual property rights and business performance 
  38. IP law looms large over U.S.-China relations

PRIVACY

  1. France ties Russia’s Sandworm to a multiyear hacking spree
  2. North Korea may have hacked into Pfizer servers looking for COVID data
  3. Enough is enough ‎—‎ Governing the ungovernable
  4. Comments on the Clearview AI joint Report of Findings
  5. Big Brother’s Access Limited – Canadian Privacy Commissioners Rule Clearview AI’s Facial Recognition Tool in Breach of Canadian Privacy Laws
  6. Privacy trends to watch in 2021: Canada modernizes its private-sector privacy laws
  7. FTC Chair Rebecca Slaughter Outlines Data Privacy Enforcement Agenda
  8. FTC Settles Facial Recognition Data Misuse Allegations with App Developer
  9. Analyst: Tighter IDFA privacy rules on iOS spell short-term trouble for in-app ads
  10. Microsoft is seeing a big spike in Web shell use
  11. Microsoft: SolarWinds attack took more than 1,000 engineers to create – Microsoft reckons that the huge attack on security vendors and more took the combined power of at least 1,000 engineers to create.
  12. France: Russian state hackers targeted Centreon servers in years-long campaign
  13. Hacked Florida Water Plant Found To Have Been Using Unsupported Windows 7 Machines And Shared Passwords
  14. Minneapolis, Minnesota Becomes The Latest Major City To Pass A Facial Recognition Ban
  15. Amazon will use cameras and AI to monitor delivery drivers
  16. Gun Trafficking Investigation Shows The FBI Is Still Capable Of Accessing Communications On Encrypted Devices
  17. Google Pixel phones will soon track heart rate using only the camera
  18. Zoombombing countermeasures are ineffective in the vast majority of cases
  19. The Perfect Storm for Privacy and Adtech: How the End of the Cookie Era Will Reshape the Digital Marketplace
  20. Virginia is about to get a major California-style data privacy law
  21. Report: Google considering an iOS-style anti-tracking feature for Android
  22. Information Commissioner confirms conservatives illegally collected data to racially profile voters
  23. CBP Facial Recognition Program Has Gathered 50 Million Face Photos, Identified Fewer Than 300 Imposters
  24. Biometric Privacy in the Era of COVID-19: Facial Recognition Compliance for Airports and Airlines
  25. Cops can’t access $60M in seized bitcoin—fraudster won’t give password

GAMES

  1. Riot Games CEO sued by former assistant for sexual harassment
  2. Google Wins Motion to Dismiss Loot Box Class Action
  3. Nintendo reportedly raises damages sought in Colopl lawsuit to $47m
  4. Nintendo claims additional damages in White Cat Project lawsuit
  5. Latest Nintendo Direct event led by Zelda: Skyward Sword HD remaster
  6. Nintendo ends pandemic-driven Nintendo Direct hiatus with a remaster-filled showcase
  7. First PS5 drift class action lawsuit filed against Sony
  8. Epic Games’ Case Against Teenage Fortnite Cheater Finally Settles
  9. Epic files EU antitrust complaint against Apple
  10. Fortnite vs. Apple continues to escalate with new antitrust complaint
  11. Fortnite fight expands as Epic claims Apple broke EU competition law
  12. North Dakota lawmakers jump into Apple/Epic fight with new app store bill
  13. Coalition for App Fairness behind North Dakota bill against Apple: Money from the organisation co-founded by Epic Games paid for lobbyists to introduce new bill into state senate
  14. A North Dakota bill aiming to loosen Apple’s tight grip on iOS has failed
  15. Video Gaming/E-Gaming Law update, February 2021
  16. One Patent To Rule Them All | Podcast: We discuss the implications of Warner Bros’ Nemesis system patent, with Harbottle & Lewis’ Kostya Lobov
  17. PC versions of Grand Theft Auto reverse-engineered to raw source code
  18. New dev revives Six Days in Fallujah a decade after controversal announcement
  19. Six Days in Fallujah dev: “I don’t think we need to portray the atrocities” – Peter Tamte wants to tell the story  without politics, without addressing why the war started, or what war crimes were committed
  20. Hackers claim to have sold Cyberpunk 2077, Witcher 3 source code
  21. CD Projekt Red source code reportedly sells for millions in dark Web auction
  22. How close is too close? A look into the use of altered trade marks and third-party ‘patches’ in videogames
  23. US regulations reportedly prevented GameStop from cashing in on share surge
  24. Why didn’t GameStop sell some of its inflated stock during the bubble?
  25. Habbo: “The last month left a bruise on our community” – Sulake CEO Valtteri Karu on Habbo’s troubled migration from Flash to Unity, and how the firm aims to win back the trust of its players
  26. Why a “Black Panther moment” is not the answer to games’ diversity problem: Studio AC Games founder Adam Campbell on how improving representation in video games takes less effort, not more
  27. Niantic launches Black Developers Initiative, offers funding and mentorship
  28. Microsoft launches gaming accessibility testing platform for developers
  29. Microsoft updates Xbox Accessibility Guidelines to help devs make games for everyone
  30. Report: Microsoft testing web-based xCloud streaming ahead of public preview
  31. Xbox takes back-compat to new extremes, tricks old games to run faster
  32. Stadia staff lauded for “great progress” one week before closure
  33. Ex-Stadia developers dish on Google’s mismanagement and poor communication
  34. Report: Stadia boss praised first-party studios for ‘great progress’ days before closure
  35. Steam developer gets banned for “Very Positive” review trickery
  36. Eximius dev relaunching title after publisher dispute
  37. Amazon delays New World again
  38. Future of work in games: new EU-UK relationship brings renewed focus on immigration for the games industry
  39. Ampere: PS5 and Xbox Series X|S sales in line with, not ahead of, previous gen – But firm believes new PlayStation could sell up to eight million units by end of March, surpassing PS4
  40. PC hardware and accessories spending grew 62% in the US in 2020
  41. US game spending up 42% in January, says NPD
  42. Dreams of easy money create a risk of tough acquisitions | Opinion: As frothy valuations and predatory firms drive a wave of acquisitions, serious questions need to be asked about the chimeras being created
  43. Profits falter despite rising game sales at Sega Sammy
  44. Sega Sammy reports sharp income decline despite soaring game sales
  45. Supercell posts solid profits, despite fifth straight year of revenue decline
  46. Playtonic branches into game publishing with Playtonic Friends label 
  47. Yooka-Laylee developer Playtonic launches publishing division
  48. Asmodee acquires Board Game Arena
  49. Pole to Win acquires 5518 Studios
  50. Record year for Remedy despite no new game releases
  51. Remedy had a record financial year despite lack of new releases
  52. Valheim tops 1 million sales during first week on Steam Early Access
  53. Valheim has topped 2 million sales in under two weeks
  54. Human: Fall Flat has topped 25 million sales worldwide
  55. Trials of Mana remake tops 1 million digital sales and shipments 
  56. An acceleration of consolidation | This Week in Business
  57. Kwalee launches PC and console publishing arm
  58. Tilting Point sinks $60 million into Match 3D developer Loop Games
  59. Zynga delivers record annual revenues thanks to ‘forever franchises’
  60. Zynga still in the market for more acquisitions
  61. NaturalMotion working on cross-platform games as Zynga eyes growth on console, PC
  62. Asmodee acquires digital multiplayer board game platform Board Game Arena
  63. Starbreeze losses shrink to $15.8m as Payday continues to grow
  64. Thanks to Payday 2-driven stability, Starbreeze pushes ahead on Payday 3
  65. Netmarble doubles full-year profits for 2020
  66. Peter Molyneux’s studio 22cans suffers layoffs
  67. Colossi Games raises $2.5m in funding
  68. Colossi Games nets $2.5 million to boost production on debut mobile game
  69. What Do 140 Million ‘GTA 5’ Sales Mean For ‘GTA 6’?
  70. Bad Robot looking to be the rare Hollywood-and-games success story
  71. Last Of Us HBO series casts Pedro Pascal as Joel
  72. Dota 2 is getting a Netflix series: The eight-episode anime series will launch on March 25
  73. Twitch and Facebook Gaming set record highs in January
  74. The ‘GaaS or subscription service’ squeeze in games
  75. Striker VR Raises $4M to Bring Its Haptic VR Gun to Consumers – First Look
  76. Why The Medium embraced a local Polish setting for a global audience
  77. GoldenEye, Mario and how to succeed in the world of nostalgia
  78. Super Mario 3D World + Bowser’s Fury launch 190% bigger than Wii U original | UK Boxed Charts
  79. Super Mario 3D World + Bowser’s Fury | Critical Consensus
  80. Valheim is the endless Viking survival game we have craved for years
  81. Online fighting games during COVID: How rollback helps us connect
  82. The games of love: Our favorite couch co-op games to play with a partner
  83. Blog: Breaking down the essentials of live ops – Part 1
  84. Blog: Designing for a sense of mystery and wonder
  85. Blog: Designing touch controls for Human: Fall Flat
  86. Blog: How developers are dealing with toxic behaviour in social VR
  87. Blog: Video game music concerts in 2021
  88. Blog: Lessons learned from teaching game design

Jon

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News of the Week; February 10, 2021

By Jon Festinger on February 16, 2021

DIGITAL

  1. The Tort of Internet Harassment: A new tort with an extraordinary remedy
  2. Ontario Superior Court recognizes new cause of action addressing internet harassment
  3. Ontario Superior Court recognizes new tort for online harassment
  4. Court Refuses to Order Removal of Social Media Posts Alleging Employer was Racist
  5. Parler’s ownership offer to Trump and possible Russian ties probed by Congress
  6. Parler CEO says board fired him for planning to ban “neo-Nazi” groups
  7. Various States All Pile On To Push Blatantly Unconstitutional Laws That Say Social Media Can’t Moderate
  8. If We’re Going To Talk About Discrimination In Online Ads, We Need To Talk About Roommates.com
  9. 25 Years Later: A Celebration Of The Declaration Of The Independence Of Cyberspace
  10. Can A Community Approach To Disinformation Help Twitter?
  11. Facebook moves to scale down political content
  12. Google, Facebook tell SCOTUS it should be harder for you to sue them
  13. Indian Government Threatens To Jail Twitter Employees For Restoring Accounts The Government Wants Blocked
  14. Huawei Attempts To Rebuild Trust By Using… Fake Twitter Telecom Experts
  15. Without Twitter, Trump Is Left To Write Tweets He Would Have Said On Paper
  16. With Trump gone, Huawei tells Biden it’s not a security threat
  17. Not just Facebook: Snap, Unity warn Apple’s tracking change threatens business
  18. Soon, you may be able to change the default music service in iOS
  19. Sorry, small-phone lovers: The iPhone 12 mini was Apple’s 2020 sales flop
  20. Klobuchar targets Big Tech with biggest antitrust overhaul in 45 years
  21. Senators Warner, Hirono, And Klobuchar Demand The End Of The Internet Economy
  22. Platform mergers and antitrust: This paper sets out a framework for addressing competition concerns arising from acquisitions in big platform ecosystems.
  23. Lingerie Brand Adore Me Accuses TikTok Of Targeting Videos With BIPOC, Plus-Size, Disabled Models
  24. Oracle’s TikTok acquisition reportedly “shelved” indefinitely
  25. Trump And Oracle’s Dumb TikTok Cronyism Falls Apart
  26. 20-Year-Old Nashville Man Allegedly Shot Dead While Attempting YouTube Robbery Prank
  27. Sony picks up minor stake in From Software parent company Kadokawa Corporation
  28. Microsoft Offers To Break The Web In A Desperate Attempt To Get Somebody To Use Its Widely-Ignored Bing Search Engine
  29. Raspberry Pi OS added a Microsoft repo. No, it’s not an evil secret
  30. The Definitive Guide to Clickwrap
  31. We’re Living Our Lives On The Internet, And We Can’t Be Free If It Isn’t.
  32. Smartmatic Sues Two Trump Lawyers And Three Fox News Hosts For $2.7 Billion-Worth Of Defamation
  33. Now It’s The Democrats Turn To Destroy The Open Internet: Mark Warner’s 230 Reform Bill Is A Dumpster Fire Of Cluelessness
  34. Senators Propose Substantial Revisions to Section 230’s Protections for Online Providers
  35. Proposed Sec. 230 rewrite could have wide-ranging consequences
  36. The Many Reasons To Celebrate Section 230
  37. Section 230 Lets Tech Fix Content Moderation Issues. Congress Should Respect That
  38. How To Think About Online Ads And Section 230
  39. How Section 230 Makes My Life Better (A Celebration of Its 25 Year Anniversary) (Eric Goldman)
  40. Comments on the “SAFE TECH” Act (Eric Goldman)
  41. Content Moderation Case Study: Twitch Allows Users To Enable Emote-Only Chats (2016)
  42. Content Moderation Case Study: Twitter Attempts To Tackle COVID-related Vaccine Misinformation (2020)
  43. TikTok’s Sale To Oracle, Walmart Indefinitely Shelved, As Biden Administration Conducts Its Own Cybersecurity Review
  44. Instagram Building Vertical Scrolling Experience For Stories, Just Like TikTok
  45. Instagram Will Begin Making Reels Including A TikTok Watermark “Less Discoverable”
  46. Whalar Launches First All-Black Creator House, ‘The Crib Around The Corner’
  47. Former YouTube Employee Launches ‘BlackOakTV’ Streaming Service To Superserve Black Viewers And Creators
  48. Sports YouTuber KOT4Q Partners With Malka, Up North Management For Weekly YouTube Series
  49. YouTube’s lo-fi music streams are all about the euphoria of less
  50. MrBeast’s ‘MrBeast Burger’ Ghost Kitchen Concept Arrives In Canada
  51. David Dobrik Shows Off New $9.5 Million Mansion, Unveils Video Version Of ‘Views’ Podcast
  52. ASA upholds another complaint against an influencer social media ad
  53. In A First, Shopify To Integrate Checkout Technology Directly Within Facebook And Instagram
  54. Universal Music Yanks Catalog From Triller, Slams Service For Withholding Artist Payments
  55. Disney fires Mandalorian’s Gina Carano over “abhorrent, unacceptable” posts
  56. Netflix acquires the rights to all 22 Redwall books, plans film and series
  57. HBO Max signs “adult” cartoon series based on Scooby-Doo’s Velma
  58. New report on Apple’s VR headset: 8K in each eye, potential $3,000 price tag
  59. Texas Dept. Of Public Safety Issues Amber Alert For Victim Of Horror Doll Chucky
  60. Joint Chiefs of Tax Enforcement to Investigate Tax Fraud Arising Out of FinTech and Cryptocurrency
  61. A terabyte isn’t what it used to be—14% of Internet customers use more
  62. 25 years ago today, the internet declared its independence — for better and for worse
  63. ‘I’m Not a Cat,’ Says Lawyer Having Zoom Difficulties

A.I.

  1. Protecting AI Innovations Through Trade Secrets and Patent Protection
  2. A.I. and machine learning tools in financial services should expect regulatory scrutiny
  3. Apple’s car project could put it on a collision course with Tesla
  4. The Collision of AI’s Machine Learning and Manipulation: Deepfake Litigation Risks to Companies from a Product Liability, Privacy, and Cyber Standpoint
  5. In Defense of AI
  6. Why the resignation of the Dutch government is a good reminder of how important it is to monitor and regulate algorithms
  7. AI Regulation Under the New US Administration
  8. New UK AI Roadmap published
  9. Will AI Create More Problems Than It Solves in Recruiting?
  10. Amazon will use cameras and AI to monitor delivery drivers
  11. AI Update: The Future of AI Policy in the UK
  12. AI: cure for or cause of discriminatory outcomes in healthcare?
  13. FDA Publishes Action Plan for Oversight of Artificial Intelligence/Machine Learning-Based Medical Software
  14. Code Red: The FDA’s Artificial Intelligence/Machine Learning Action Plan Poses Potential Risks for Medical Device Makers
  15. U.S. Advances AI Innovation with NAIIA
  16. BAILII grants Oxford University unprecedented access to case data for AI analysis in historic agreement
  17. Video: The AI of Assassin’s Creed Origins
  18. MintzTech Connect Industry News: Spotlight on Turing Enterprises 

COMMUNICATIONS

  1. Conservative MP Files Amendment Calling on the Government to Withdraw Bill C-10 (Michael Geist)
  2. Why The Secrecy on Bill C-10?: How the Liberals Abandoned Their Commitment to Consultation, and Transparency in Pushing Their Broadcast Reform Bill (Michael Geist)
  3. Vancouver’s TSN 1040 off the air after Bell suddenly pulls the plug: Vancouver’s most popular sports radio station shut down Tuesday morning, surprising fans and staff alike
  4. Bell abandoning all-sports format at radio stations in Vancouver, Winnipeg, Hamilton
  5. Why Laid Off Bell Sports Journalists Should Form A Worker Co-op: We cannot rely on legacy corporate media to save the journalism industry. It’s time to build something better.
  6. DOJ Drops Ridiculous Trump-Era Lawsuit Against California For Passing Net Neutrality Rules
  7. Want a New Radio Station? FCC Proposes Procedures for a July 2021 Auction, Lists Channels to be Sold, and Imposes a Freeze on Certain Applications
  8. Authorities bust SIM-swap ring they say took millions from the rich and famous
  9. 16 States Ask The FCC What The Hell Is The Point Of The Verizon Tracfone Merger
  10. ISPs step up fight against SpaceX, tell FCC that Starlink will be too slow
  11. SpaceX plans Starlink phone service, emergency backup, and low-income access
  12. SpaceX Starlink passes 10,000 users and fights opposition to FCC funding
  13. SpaceX Starlink opens preorders, but slots are limited in each region
  14. Appeals Court Tells Lying Cop No ‘Reasonable’ Officer Would Think It’s OK To Tear Gas Journalists For Performing Journalism
  15. Big Game, Ad Claims: Reflecting on Super Bowl Advertising Tactics
  16. The Importance of Advanced Telecommunications Networks to Modern Healthcare
  17. ASA rules that Ladbrokes TV ad showed gambling behaviour that was socially irresponsible
  18. How Cubans make island Internet work for them

INTELLECTUAL PROPERTY

  1. Federal Court trusts technology to prove infringement
  2. Is This Beverly Hills Cop Playing Sublime’s ‘Santeria’ to Avoid Being Live-streamed?: Police in Beverly Hills have been playing music while being filmed, seemingly in an effort to trigger Instagram’s copyright filters. 
  3. Latest Anti-Accountability Move By Cops Involves Playing Music While Being Recorded In Hopes Of Triggering Copyright Takedowns
  4. Celebrity tattoo artist Kat Von D sued for inking Miles Davis design? Tats crazy!
  5. Desire v. Manna Textiles (USCA, 9th Circuit): Holds only one statutory damages award available where defendant supplied infringing work to other defendants, even when those other defendants exploited infringing work.    
  6. Carlini v. Paramount Pictures Corp. (USDC, California): Court action brought alleging film “What Men Want” infringed plaintiff’s screenplay, finding access was insufficient and works were not substantially similar. 
  7. Be careful what you scrape from the HiQ v. LinkedIn decision 
  8. Sherlock Holmes and the copyright infringement claim
  9. Protect your moves – A mix of Intellectual Property and Dance
  10. Snippet Taxes Not Only Violate The Berne Convention, But Also Betray The Deepest Roots Of Newspaper Culture
  11. Why Is Congress Pushing For Locking Up More Culture? 
  12. SCOTUS Update – Google v. Oracle 
  13. Music – Royalty Rates for Digital Transmissions 
  14. Copyright year in review 2020 
  15. The growing role of domains in IP 
  16. What to Do when “Everything Sucks” 
  17. Utah Theme Park Sues Taylor Swift Over Album Title After Exploiting It
  18. Taylor Swift sued by Utah Theme Park for trademark infringement.
  19. Pearl Jamm changes name to Legal Jam…to avoid legal jam 
  20. SDNY Magistrate Judge Recommends that Rubik’s Cube Design is Not Functional 
  21. Hanes Pop Warner’s Way: Trademark Dispute Over Pop Warner Mark 
  22. How to Register a Common Shape as Your Trademark 
  23. Trademarks in 2020: notable cases and developments 
  24. Trade Secret Management in the United States: Top Ten Mistakes to Avoid 
  25. December 2020 COVID-19 Relief Bill Finally Closes the Streaming Loophole 
  26. Third Circuit Finds Pocky Trade Dress Functional, Not Protectable 
  27. There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional
  28. The Doctrine of File Wrapper Estoppel in Canada: The Court of Appeal Hands Down its Decision 
  29. Evidence Supports Prior Art’s Public Accessibility but Not the Board’s Adoption of an Unpresented Theory of Anticipation
  30. Federal Circuit Clarifies Part of Patent Term Extension Equation 
  31. Federal Circuit Says Automated Systems Are Not Abstract when Tied to Improvements 
  32. The “Skinny Label” – The Federal Circuit Has Second Thoughts 
  33. No Patent Eligibility Reward for Customer Loyalty Program Computer System
  34. How to patent over-the-air (OTA) automotive technology 
  35. Federal Circuit Agrees to Reconsider Ruling in GSK v. Teva Drug Patent Case 
  36. When Fixing One Problem Creates Another: How Patent Infringement Arises Out of Product Repairs 
  37. Key Insights for Obtaining FinTech Patents
  38. Patents in 2020 – The year in review

PRIVACY

  1. Privacy class action not certified – Setoguchi v Uber B.V., 2021 ABQB 18
  2. Clearview AI’s Facial Recognition Tool Found to Violate Canadian Privacy Laws
  3. Exceptions from consent in PIPEDA: facial recognition, privacy and Clearview
  4. Privacy Commissioners Issue Report on Clearview AI’s Facial Recognition Tool
  5. Canadian Privacy Commission Says Clearview’s App Is Illegal, Tells It To Pack Its Things And Leave
  6. “Made in Canada” – What is happening to Privacy by Design under the CPPA?
  7. NYT Easily Tracks Location Data From Capitol Riots, Highlighting Once Again How US Privacy Standards Are A Joke
  8. Amazon Transparency Report Indicates Its Multiple IoT Devices Are Juicy Targets For Law Enforcement
  9. 11th Circuit: Future identity theft risk does not confer standing
  10. 11th Cir. Rejects Standing Due to Threat of Future Identity Theft & Further Deepens Circuit Split
  11. Calling SCOTUS: Eleventh Circuit Invites Supreme Court to Address Circuit Split on Article III Standing for Data Incident Plaintiffs
  12. Court Dismisses CCPA Claim Against Google
  13. Court denies tech company’s second request for COPPA claim dismissal
  14. California AG Becerra Tweets Endorsement for a Universal Opt-Out Tool
  15. Chastity Penis Lock Company That Was Hacked Says It’s Now Totally Safe To Put Your Penis Back In That Chastity Lock
  16. FTC Reaches Settlement with Digital Health App, Requires First Notice of Privacy Action
  17. Key Takeaways from the Recent Grindr Decision and “Tentative” $11M Fine
  18. The Bright Side of the Horrifying Story About a Hacked Water Treatment Plant
  19. Water Treatment System Hack is a Warning to Critical Infrastructure Organizations
  20. Breached water plant employees used the same TeamViewer password and no firewall
  21. Turf wars: confidentiality of live (sports) data
  22. Android barcode scanner with 10 million+ downloads infects users
  23. Google Pixel phones will soon track heart rate using only the camera
  24. Zoombombing countermeasures are ineffective in the vast majority of cases
  25. Report: Google considering an iOS-style anti-tracking feature for Android
  26. Cops can’t access $60M in seized bitcoin—fraudster won’t give password
  27. 2020 Privacy Law Year in Review

GAMES

  1. Riot Games CEO accused of sexual harassment in lawsuit from ex-employee
  2. Shadow of War publisher Warner Bros. has patented the series’ Nemesis system
  3. Super Nintendo World apparently took scenery from a Mario fangame
  4. Merritt killer gets PlayStation memory card back after win in Federal Court: Justice Zinn ruled removal order unreasonable – that inmate permitted to having a gaming system in their cell should also have a memory card
  5. Fischer v. Canada (Attorney General), 2021 FC 112
  6. G.I. Bro is a Go: Copyright Dispute Over Call of Duty Poster Survives Summary Judgement
  7. Activision Blizzard sued over Call of Duty character
  8. Call of Duty drives record year for Activision Blizzard
  9. Microsoft says terms of service mandate arbitration for Xbox controller suit
  10. Microsoft creates ‘Vault’ to temporarily house Bethesda parent ZeniMax
  11. PS5 DualSense controllers already have a drift problem – what you need to know: It’s not just the Nintendo Switch’s Joy-Cons anymore
  12. Advocating for accessibility in video games
  13. PS5’s DualSense controller also faces drift issues
  14. PS5 to launch in China in Q2 2021
  15. Warner Bros finally secures patent for Shadow of Mordor’s Nemesis system
  16. CD Projekt Red’s internal systems “compromised” following ransomware attack
  17. CD Projekt Red gets ‘cyberpunk’d’ – another ransomware attack
  18. Cyberpunk 2077 developer hit with ransomware attack
  19. Cyberpunk 2077 developer CD Projekt hit by ‘targeted cyber attack’
  20. MP proposes bill to make console scalping illegal amid PS5 and Xbox Series shortages
  21. Gaming sites are still letting streamers profit from hate
  22. Can you cheat to get ahead on Steam?
  23. Steam Becomes Available In China, Offers 53 Whole Games To Customers
  24. Lessons from GameStop: Small Investors “100% Don’t Care” About Risk
  25. Regulators forced to respond to GameStop Corp.’s historic yo-yo
  26. Robinhood Sued in Class Action, Alleging Website Inaccessibility and Discrimination Against Blind Users
  27. Another Speculation Is Possible: The Political Lesson Of R/WallStreetBets
  28. Amazon’s next CEO vows to help struggling Amazon Game Studios bounce back
  29. Bandai Namco switches management amid business unit shake-up
  30. Profits dip at Bandai Namco despite rising game sales
  31. Bandai Namco reports rising profits amid restructure
  32. Nintendo boss says diverse Switch playerbase will help it outsell the Wii
  33. Nintendo discusses Switch growth plans as console enters “middle of its lifecycle”
  34. Ori director criticises developers for overhyping games with “lies and deception”
  35. YouTube Releases Self-Certification Guide Specifically For Gaming Creators
  36. Terraria developer cancels Google Stadia port after YouTube account ban
  37. Stadia’s issues were clear from the start | This Week in Business
  38. Google’s shutdowns relegate streaming to “gaming of the gaps” | Opinion
  39. Digital downloads jumped 47% across Europe in 2020 | European Annual Report
  40. Animal Crossing continues to dominate UK retail | UK Boxed Charts
  41. Xbox Series S/X was the No.1 console of January | UK Monthly GfK Charts
  42. Assetto Corsa franchise reaches €100 million in lifetime sales
  43. Epic Games addresses speculation over IPO
  44. Epic Games’ ability to go to war with Apple stems from its financial freedom, says CEO
  45. Epic’s new tool promises high-fidelity human characters in under an hour
  46. Epic Games’ new MetaHuman Creator will let devs build hi-fi humans
  47. Super High-Fidelity Mario: The quest to find original gaming audio samples
  48. Sony now has a stake in parent of Dark Souls dev From Software
  49. Wildlife Studios launches Never Forget Games
  50. EA Sports Announces College Football Video Game Revival and Another Collegiate Athlete Persona Rights Piece of Legislation is Proposed in Congress
  51. EA continues its big mobile push with $2.1 billion Glu Mobile acquisition
  52. EA acquires Glu Mobile in $2.1 billion deal
  53. EA’s Andrew Wilson talks about the Glu acquisition
  54. Leaf Mobile: Kings of Green Mountain – Darcy Taylor on building a thriving business in the “green games” market, and what the $159m acquisition of East Side Games means for Leaf’s future
  55. Leaf Mobile confirms $125m acquisition of East Side Games
  56. Zynga posts record revenues, record net losses
  57. Digital makes up 85% of Take-Two’s $860.9 million in Q3 net revenue
  58. Maple Story and mobile expansion push Nexon to record revenues
  59. Ubisoft’s Prince of Persia remake postponed indefinitely
  60. Assassin’s Creed Valhalla leads Ubisoft’s biggest quarter ever
  61. Assassin’s Creed, Watch Dogs, and Just Dance push Ubisoft to new record highs
  62. Minecraft Dungeons has crossed 10 million players on all platforms
  63. Huuuge Games IPO to raise $442m
  64. Vertigo Games acquires location-based VR arcade platform SpringboardVR
  65. Mountaintop raises $5.5 million to accelerate development of its PvP shooter
  66. Homa Games raises $15m for hypercasual titles
  67. Candivore raises $12 million
  68. French mobile studio Homa nets $15 million to create hypercasual titles
  69. Unity reports record year despite losses
  70. Revenue, downloads, and MAUs all on the rise as Unity closes Q4
  71. Activision Blizzard closes out 2020 with rising revenue and profit
  72. Final Fantasy VII Remake and Marvel’s Avengers boost sales at Square Enix
  73. Mobile titles and domestic releases are driving revenue at Konami
  74. Mobile developer Wildlife opens new studio in California
  75. Match Masters dev Candivore nets $12 million to drive user acquisition
  76. Focus Home Interactive opens up new Deck13 studio in Montreal
  77. TinyBuild acquires three studios
  78. Totally Reliable Delivery Service dev among three studios acquired by TinyBuild 
  79. Nazara Technologies gets $13.7m in funding
  80. Latitude raises $3.3 million for its AI platform
  81. Pizza Club secures $1.5m investment from My.Games
  82. Focus Home Interactive is opening a Deck13 subsidiary in Montreal
  83. Kowloon Nights backs indies with funding deals for 23 titles
  84. Tencent buys minority stake in DayZ developer Bohemia Interactive
  85. Tencent acquires minority stake in Bohemia Interactive
  86. Super Mario 3D World + Bowser’s Fury review: Everything old is new again
  87. Here’s what ESRB’s ratings looked like in 2020
  88. “Arcades are a crucial part of the history of video games”
  89. E3 skipping in-person event again
  90. Newzoo’s Esports Trends to Watch in 2021
  91. Pokémon World Championships 2021 cancelled
  92. ‘Why was that focusing on Miranda’s butt?’ & other dev tales from remastering Mass Effect 
  93. “90 bugs left”: Rare devs talk about the nearly completed Goldeneye 007 remake [Updated]
  94. Blog: Set rotations in Magic The Gathering – A mobile F2P perspective
  95. Blog: Revisiting the fall of Resident Evil
  96. Blog: Building an arcade cabinet for the 21st Century 
  97. Video: The combat animations of Middle-earth: Shadow of War
  98. Don’t Miss: How Baldur’s Gate 3 first approached the RNG of D&D-inspired dice rolls
  99. Level Up: 33 Legal Tips for Game Developers and Publishers Part II

Jon

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News of Week; February 3, 2021

By Jon Festinger on February 7, 2021

DIGITAL

  1. 70% of top “civic” Facebook groups are toxic or violent, report finds
  2. Lawmakers take aim at insidious digital “dark patterns”
  3. Influencers told not to use ‘misleading’ beauty filters
  4. Amazon CEO Jeff Bezos stepping down
  5. Jeff Bezos to leave Amazon CEO post after 27 years, become executive chair
  6. No, WallStreetBets isn’t robbing Wall Street to help the little guy
  7. WallStreetBets craze pushes dogecoin up 5x in 24 hours
  8. Facebook “Supreme Court” overrules company in 4 of its first 5 decisions
  9. Facebook Oversight Board decisions
  10. People Want Real Change From Facebook. Its ‘Supreme Court’ Isn’t Delivering.: The first decisions from the new Oversight Board have been issued. The results are underwhelming.
  11. Facebook Oversight Board’s First Decisions… Seem To Confirm Everyone’s Opinions Of The Board
  12. Every crazy thing that happened in Apple and Facebook’s privacy feud today
  13. Facebook makes the case for activity tracking to iOS 14 users in new pop-ups
  14. EU calls US$15.7bn Apple tax ruling ‘contradictory’: At the heart of the legal arguments are simple questions on where value is created and where it should be taxed
  15. Apple, Its Control Over the iPhone, The Internet, And The Metaverse
  16. Apple’s updated App Store guidelines clarify positions on recent controversies
  17. Latest FTC “Made in USA” Enforcement Includes Scrutiny of Hashtags
  18. Biggest MAGA Conference Threatens Politico With Bogus Lawsuit For Reporting On Conference Troubles
  19. Google settles federal gender and race discrimination charges for $3.8M
  20. Google Play bans open source Matrix client Element, citing “abusive content”
  21. A Wave of Online Services Have Suspended Accounts Associated with Trump and His Supporters
  22. TikTok Implements Prompts To Deter Users From Proliferating Misinformation
  23. TikTok Inks Multi-Faceted Partnership With British Ad And Marketing Giant WPP
  24. Australians May Soon Face Life Without Google
  25. Microsoft backs Australian law forcing Google to pay for news links
  26. Online Harassment Toward Women Is Getting Even More Insidious
  27. Dominion Sues Rudy Giuliani For $1.3 Billion Over False Statements About Its Voting Systems
  28. Professional Assholes Equate Consequences With ‘Cancel Culture’ To Obscure That They’re Finally Being Held Accountable
  29. Continued Access to Service Not Sufficient to Bind User to New Terms of Service–Stover v. Experian (Eric Goldman)
  30. Google and Twitter Defeat Lawsuit Over Account Suspensions/Terminations–DeLima v. Google (Eric Goldman)
  31. Politician Can Block Constituents at Twitter–If It’s a “Campaign” Account–Campbell v. Reisch (Eric Goldman)
  32. Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Google (Eric Goldman)
  33. TripAdvisor Doesn’t Get Early Section 230 Dismissal–Putt v. TripAdvisor (Eric Goldman)
  34. No, Revoking Section 230 Would Not ‘Save Democracy’
  35. Removing Civil Rights Law From Section 230 Will Create Many New Problems, While Failing To Fix Existing Ones
  36. Columbia Law Professor Spews Blatantly False Information About Section 230 In The Wall Street Journal
  37. No Section 230 Has Nothing To Do With Horrific NY Times Story Of Online Stalker Getting Revenge For Decades’ Old Slight
  38. Content Moderation At Scale Is Impossible: Google Play Bans Video Player App Over ASS File Extension Support
  39. Content Moderation Case Study: Twitter Removes Account Of Human Rights Activist (2018)
  40. Content Moderation Case Study: GitHub Attempts To Moderate Banned Words Contained In Hosted Repositories (2015)
  41. CNN Ends Distribution Deal With Facebook Watch, Brings ‘Go There’ Series In-House
  42. YouTube’s new “Clips” feature lets users share 60-second clips of videos
  43. YouTube Will Let Viewers Share Custom Short Videos Cut From Creators’ Uploads And Livestreams
  44. YouTube Doubled Number Of TrueView Advertisers In Q4 2020, Earned $6.9 Billion
  45. Top 50 Most Viewed YouTube Channels Worldwide Last Week
  46. Top 50 Most Viewed YouTube Channels Worldwide Last Week
  47. Top 50 Most Viewed U.S. YouTube Channels Last Week
  48. Top 50 Most Viewed US YouTube Channels Last Week
  49. The Obamas To Host YouTube’s Black History Month Special, ‘Black Renaissance’
  50. YouTube Sets Series From Hillary Clinton’s HiddenLight Productions, Starring Patricia Bright
  51. Instagram Revamps User Interface For Stories Consumption On Desktops
  52. Snapchat Launches ‘Safety Snapshot’ Program To Educate Users On Data Security
  53. Teespring Goes Live With ‘Spring’ Rebrand, Has 450,000 Creators On The Platform
  54. Ryan Reynolds To Premiere Snapchat Series Alongside Will Smith’s Westbrook Media
  55. Amid Miami Move, Jake Paul Lists Infamous Calabasas Mansion For $7 Million
  56. Wheelhouse Launches ‘DNA’ Division For Digital And Audio Ventures, Inks 360 Deal With Nikita Dragun (Exclusive)
  57. Barstool Sports, NPR, Wondery Were Top-Earning Podcast Producers Of 2020 (Report)
  58. Netflix Is Testing A Sleep Timer That Will Automatically Stop Playback
  59. HBO Max To Offer Cheaper, Ad-Supported Subscription In Q2
  60. Apple TV+ Nabs Jared Leto, Anne Hathaway For Series About WeWork Saga

A.I.

  1. Artificial intelligence soon to be regulated in Canada?
  2. FTC Brings First BOTS Act Case Against Online Ticket Brokers
  3. FTC Sets Its Eye on Algorithms, Automated Tech, and AI-Enabled Applications
  4. FDA Releases Action Plan for Artificial Intelligence/Machine Learning-Enabled Software as a Medical Device
  5. Boston Dynamics’ robot dog gets an arm attachment, self-charging capabilities
  6. Microsoft Patent: Chatbots Made From The Online Habits Of Dead People
  7. Patent Issues for Factory Automation Inventions in AI
  8. National Defense Authorization Act Propels National Strategy on AI Development
  9. AI and data protection – uncomfortable bedfellows?
  10. Three Considerations for AI Healthcare Application Developers and Users
  11. National Artificial Intelligence Initiative Office Launched as “Central Hub” for AI Research and Development
  12. Driving AI development: new UK AI roadmap released
  13. Artificial Intelligence: Landmark 2020 Developments and Rapid Business Adoption
  14. ICO Contributes To Briefing On AI And Healthcare

COMMUNICATIONS

  1. Bell Blasted For Taking $122m Labour Subsidy While Boosting Dividends
  2. AT&T & Verizon Got Billions From Government, Yet Laid Off 95,000 People In Just Five Years
  3. After Years Of Litigation, AT&T Customers Get A Measly $22 For Being Lied To Over ‘Throttling’
  4. Why victims of AT&T unlimited-data throttling get only $22 in settlements
  5. AT&T customer since 1960 buys WSJ print ad to complain of slow speeds 
  6. Antitrust Remedies in Highly Regulated Industries
  7. Xiaomi denies ties to China’s military, calls US ruling “unconstitutional”
  8. Cable ISP warns “excessive” uploaders, says network can’t handle heavy usage
  9. State reps try to ban Comcast data cap and price hikes until pandemic is over
  10. Comcast lifts uploads to 5Mbps amid complaints its low-income plan is too slow
  11. 27% Of Cable TV Subscribers Will Cut The Cord This Year
  12. Flash is dead—but South Africa didn’t get the memo
  13. Georgia Towns Sue Netflix In Flimsy Bid To Nab A Slice Of The Pie 
  14. The Wall Street Journal Kisses Big Telecom’s Ass In Whiny Screed About ‘Big Tech’
  15. A TV Broadcaster’s Guide to Where Washington Regulatory Issues Stand
  16. Fixed-satellite service operators may soon access new frequencies and routine licensing procedures
  17. How to Watch the Super Bowl in VR With Friends for Free

INTELLECTUAL PROPERTY

  1. For the Want of a Nail – Copyright Claims Fail When Plaintiffs Can’t Show Ownership
  2. Thomson Reuters v. ROSS case will test limits on protections for subscription-based database: ROSS Intelligence alleges monopolistic, anticompetitive control over legal research market
  3. Bernie and his Marvelous Mittens. It’s all Good Fun Until a Copyright Lawyer Gets Involved 
  4. Anthropomorphized Characters Representing Human Emotions are Not Copyrightable
  5. Annotations that Accompany State and Local Laws are not Copyrightable
  6. Generalized Expressions of Scientific Facts and Generic Themes are Not Copyrightable 
  7. Spoofs, Parodies, Compatibility, and Comparisons: When Can Competitors Borrow from Each Other? 
  8. Music – The Scope of Protection
  9. The Lies Told About The EU Copyright Directive’s Upload Filters May Help Get Them Thrown Out In Court
  10. Japan Looks To Amend Copyright Law To Force Some Cosplayers To Pay To Cosplay 
  11. Pitch perfect appeal for James Arthur 
  12. Is your joint copyright work purple or red/blue?
  13. Mitigating Copyright Issues in Remote Learning
  14. Music Licensing in the Video Streaming Era
  15. Pocky Ruling Denies Trade Dress Protection for the Useful, Though Not Essential, Shape of Cookie 
  16. Third Circuit Panel Revises Half-Baked Trade Dress Functionality Decision
  17. Please Dough Not Use My Trademark 
  18. Much ado about ballet shoes – important designs case on copying 
  19. The Shape of Things to… Eat 
  20. The Federal Court of Appeal Upholds Finding that Trademark Use Can Be Established Without a Physical Presence in Canada. 
  21. Federal Court grants interlocutory injunction in trademark action for second time in six months
  22. Canadian Intellectual Property Office allows requests for expedited COVID-19 medical trademarks
  23. Taste, Smell, Hear, Touch, and See – Appealing to All Five Senses with Non-Traditional Trademarks
  24. Taylor Swift in ‘Evermore’ Trademark Lawsuit Over Utah Theme Park Name 
  25. Trademark Modernization Act Strengthens Rights of Brand Owners 
  26. The Trademark Modernization Act: Real Change to Address the Realities of Trademark Law 
  27. Brewery Industry Insight — A Play-on-Words Mark Prevailed
  28. Annual Reminder: You Can Probably Just Call The Super Bowl The Super Bowl
  29. A decision based on Aesthetics – UK IPO rules stylisation is enough to overcome confusion
  30. General Court finds no likelihood of confusion in BBQLOUMI opposition – Cypriot cheesemakers continue to struggle in EU trade mark courts
  31. Lady A vs. Lady A: (Trademark) Battle of the Bands
  32. TTAB Precedent No. 46: No Abandonment of A.W. SHUCKS
  33. Cannabis Trade marks and commercialisation in the US, UK and EU. 
  34. Minimalist trademarks: end of the road for uniqueness?
  35. Cybersquatting trends and strategies that brand owners need to know 
  36. Janssen’s abiraterone acetate and prednisone combination therapy patent found invalid
  37. When is There an “Actual Invention” Involving Computers?
  38. Office Actions: Options to consider when you need an extension of time to respond to the Patent Office
  39. Protecting innovations through patent due diligence and FTO analysis
  40. Data Breaches Ain’t Just About Privacy: Risking the Loss of Patent Rights by Data Breach with Subsequent Disclosure 
  41. All Hands On Deck: Ensuring Innovation, Not Just Patents, From All 
  42. Third Circuit Requires Patent Validity Analysis In Adjudicating Antitrust Causation
  43. Federal Circuit Finds Patent Infringed After Reversing Claim Construction That Violated “Grammatical Principles” to Cover All Embodiments
  44. Judge Hellerstein Upholds Infringement by Microsoft of Kaufman’s “And/Or” Patent  
  45. Augmented Reality/Virtual Reality Litigation Update: Defendants’ Motion to Stay Pending IPR Denied in AR Design Innovations’ Patent Case
  46. Update on Patent “Aggregation” Suit Against Fortress  
  47. Patent-Eligible Subject Matter
  48. Patent-Ineligible Subject Matter
  49. 2020 IP Law Year in Review: Patents – Executive Summary
  50. Snapshot: intellectual property for fashion goods in Canada 
  51. 14 States Are Now Considering ‘Right to Repair’ Legislation
  52. Is there Magic in those Mushrooms? Protecting Psilocybin and Other Actives from Magic Mushrooms 
  53. IP Litigation 2020 Year in Review

PRIVACY

  1. Clearview AI’s Facial Recognition App Called Illegal in Canada
  2. Not So Fast: Clearview Asks for Rehearing of Seventh Circuit Decision on Article III Standing for BIPA Class Action
  3. Michigan State Police Officials Are Dodging Public Records Obligations By Using Encrypted Messaging Apps
  4. Consent Standards under the Proposed Consumer Privacy Protection Act
  5. FTC’s allegations of misuse of facial recognition
  6. FTC Settles with Fertility-Tracking App Developer Regarding Health Data Disclosures
  7. 30% of “SolarWinds hack” victims didn’t actually use SolarWinds
  8. From first to sixth: Huawei’s phone business tanks thanks to US sanctions
  9. Police Chief Demands Holes In Encryption Because Some Cops Decided To Participate In The DC Insurrection
  10. States Gear Up to Limit Use of Biometrics and Biological Data
  11. Apple sets “early spring” rollout for iOS privacy changes
  12. Texas Immigration Lawyer Sues DHS, CBP Over Seizure And Search Of His Work Phone
  13. Why Does the Brand of My Phone Affect My Credit Rating?
  14. Data Security and Privacy Predictions for 2021: 6 Issues to Watch
  15. The government will guard Biden’s Peloton from hackers. What about the rest of us?
  16. Canadian Privacy Law 2020 Year in Review

GAMES

  1. Valve loses controller patent case, must pay $4m in damages
  2. Valve on the hook for $4 million over Steam Controller patent infringement
  3. Is Steam really conspiring to price fix?
  4. Riot Games pushes for arbitration in gender discrimination lawsuit
  5. Riot Games pushes gender discrimination case back towards arbitration
  6. Ubisoft Toronto co-founder Alexandre Parizeau departs Ubisoft
  7. Activision lawyers dismiss diversity hiring proposals as ‘unworkable’
  8. Game firms acknowledged by Human Rights Campaign for LGBTQ inclusivity
  9. Google closes Stadia’s dedicated game studios after less than 2 years
  10. Google shuts down first-party Stadia game studios to refocus as platform provider
  11. Google closing Stadia game studios, opening up tech to publishers
  12. Google Stadia Shuts Down Internal Studios, Changing Business Focus
  13. Google Shutters Stadia Game Dev Studio, Will Focus On Distribution And Tech
  14. Google eliminates Stadia’s internal development team
  15. What Stadia’s pivot tells us about the future of cloud gaming
  16. Google needs to think smaller about games streaming | Opinion
  17. Level Up: 33 Legal Tips for Game Developers and Publishers
  18. New supply chain attack uses poisoned updates to infect gamers’ computers
  19. Amazon Can Make Just About Anything—Except a Good Video Game: The company produces successful movies, TV shows, e-readers and speakers, but gaming has proven difficult to crack.
  20. Report: Mismanagement plagues Amazon’s struggling push into video games
  21. Amazon is reportedly spending nearly $500 million a year on its video game division
  22. Activision bans 60,000 Call of Duty: Warzone cheaters
  23. Goldeneye 007’s lost Xbox 360 remaster has leaked—as a full-game speedrun
  24. We have finally played the lost, official Goldeneye 007 remaster for Xbox 360
  25. Destruction AllStars review: Amazing PS5 car combat, in spite of speedbumps
  26. Sony says semiconductor shortage makes increased PS5 production difficult
  27. Sony reports ‘significant’ sales increase following PS5 launch
  28. The PlayStation 5 had sold 4.5 million units by the end of 2020
  29. Scalpers aren’t the main reason you can’t find a new console
  30. Activision Patent Seeks to Improve Esport Footage Sharing For Future Titles: A patent filed by Activision looks at ways to improve the esports experience with detailed data that could enhance the way broadcasts look.
  31. CD Projekt’s stock soars after Elon Musk tweets about Cyberpunk
  32. GameStop stock dips as apps like Robinhood restrict trading
  33. Discord Takes Over Moderation Of r/WallStreetBets Server As Facebook Shuts Down Popular Stock Trading Group
  34. Discord bans WallStreetBets as subreddit briefly goes private
  35. Robinhood blocking purchase of GameStop stock
  36. Robinhood denies automatically selling users’ GameStop shares
  37. Robinhood’s plan to “democratize finance” hit a GameStop-shaped speed bump
  38. Robinhood App Decides To Stop Helping The Poor Steal From The Rich
  39. Discord bans WallStreetBets for hateful conduct amid GameStop stock surge
  40. Hedge fund Melvin sustains 53% loss after Reddit onslaught
  41. Hedge fund Melvin Capital pulls out of GameStop trading
  42. GameStop stock story won’t have a happy ending | This Week in Business
  43. Canada’s answer to Robinhood Markets warns traders but won’t halt trading in speculative stock: Wealthsimple doesn’t plan to restrict trading as other brokerages have done in recent days, CEO says
  44. Multiple GameStop stock story adaptations reportedly in the works
  45. As Virgin Galactic gets swept up in GameStop mania, it gets back to flying
  46. AOC Examines Wall Street Over Twitch Stream
  47. How to protect your intellectual property in the games industry
  48. Tabletop Simulator devs face criticism for Google Translate-sourced translations
  49. Piracy: Does it matter? – People will try to steal your game in huge numbers, says Butterscotch Shenanigans’ Adam Coster — treat it as a design constraint
  50. EA signs multi-year license extension with UEFA to continue FIFA collaboration 
  51. EA extends UEFA exclusivity, working on multiple FIFA mobile games
  52. EA reveals new studio Full Circle, the developer taking on the next ‘Skate’: The studio is led by the former head of Xbox Live and staffed by the creators of the original ‘Skate’ games
  53. EA posts record-breaking bookings driven by Ultimate Team, Apex Legends
  54. EA reports record net bookings as Apex Legends, Ultimate Team exceed expectations
  55. EA Play now has 13 million players across all platforms
  56. Star Wars has made $3bn for EA
  57. EA has made $3 billion in net bookings from just Star Wars games
  58. EA “very, very confident” about BioWare’s future despite key departures
  59. EA sees “huge potential” in racing following Codemasters acquisition
  60. EA Sports returning to college football
  61. EA Sports revives college football games, but without NCAA involvement
  62. EA is getting back into college football without NCAA, player licenses
  63. Detroit: Become Human dev Quantic Dream sets up new studio in Montreal
  64. Microsoft requests EU approval for ZeniMax acquisition
  65. Sega Sammy splits video games and pachinko machines into separate companies
  66. Nintendo raises fiscal forecast as Switch closes in on 80 million lifetime sales
  67. Nintendo Switch sales overtake 3DS as Nintendo raises forecasts again
  68. Animal Crossing: New Horizons sold over 31 million copies in nine months
  69. Super Nintendo World Recreated in Minecraft: A Minecraft player is currently building an authentic replica of the upcoming Super Nintendo World theme park, complete with its rides and shops.
  70. Modded Game Boy looks like an Apple product, works as Apple TV Remote
  71. iOS 14.5 update adds DualSense and Xbox Series X controller support
  72. The Medium has already recouped production and marketing costs
  73. The Medium | Critical Consensus
  74. Valve updates Steamworks to make sharing patch notes easier
  75. The Epic Games Store amassed over 160 million PC users in 2020
  76. Spider-Man: Miles Morales has sold 4.1m copies
  77. 25 years later, Midway’s lost “MLB Jam” arcade game has been found
  78. A new $110 light gun for old Duck Hunts: Ars tests an HDTV-friendly option
  79. Why Animal Crossing: New Horizons’ 31 million sales are so incredible
  80. Animal Crossing: New Horizons returns to No.1 | UK Boxed Charts
  81. All game development is unsustainable | 10 Years Ago This Month
  82. How can Xbox encourage consumers to ‘swim upstream’? | Opinion
  83. Brawl Stars is Supercell’s fourth title to pass $1bn in lifetime revenue
  84. Epic Games Store’s 160 million users spent over $700m in 2020
  85. Navigating the new normal: Studio culture in the time of COVID
  86. Australian games industry delivers 29 percent revenue growth despite COVID-19
  87. Sumo Group acquires PixelAnt Games
  88. Sumo acquires Polish work-for-hire studio PixelAnt Games
  89. Plug In Digital acquires Black Shell’s catalogue
  90. Gearbox Entertainment joins Embracer Group in $1.3b deal
  91. Borderlands dev Gearbox acquired by Embracer Group in $1.38 billion deal
  92. Embracer Group acquires Aspyr Media for $100m
  93. Embracer acquires mobile developer Easybrain and independent studio Aspyr
  94. Embracer Group merges with Easybrain in $640m deal
  95. AppOnboard raises $20m for Buildbox engine
  96. AppOnboard nets $20 million to support ‘no-code’ mobile dev platform Buildbox
  97. Pocket Worlds closes $7m funding round
  98. Ninja Theory halts updates for new IP Bleeding Edge
  99. Ninja Theory’s Bleeding Edge is staying online but won’t receive new content
  100. Digital drives Capcom sales to $622m
  101. Rovio shuts down Hatch
  102. Australian developer revenues raise 29% to $140m
  103. Pocket Worlds raises $7 million to double down on social mobile games
  104. Netflix and Legendary partner on Tomb Raider series
  105. Rime pairs accessible gameplay with relatable loss | Why I Love
  106. Over 50 percent of esports followers likely to bet on esports in the US – Survey
  107. FaZe Clan Signs With UTA Amid Content Expansion Into Scripted, Podcasting, More
  108. Red Bull Launches AR Mobile Game Series With Tyler ‘Ninja’ Blevins, 4 Other Athletes
  109. Blog: Five insights from 3700 reviews of Cyberpunk 2077
  110. Blog: A level design analysis of BioShock Infinite – Part 5
  111. Blog: How randomness contributes to strategic thinking
  112. Blog: What I learned from doing a game jam every month for a year
  113. Blog: Analyzing Unexplored’s secret cyclic dungeon generation
  114. Video: The value of large spenders in free-to-play games
  115. Q&A: Lessons learned from five years spent on the Hitman series
  116. Don’t Miss: The creative challenges BioWare faced designing Mass Effect 3
  117. Don’t Miss: Gearbox on producing a bigger Borderlands
  118. Utility Patents – What Game Developers Should Know

Jon

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News of the Week; January 27, 2021

By Jon Festinger on February 1, 2021

DIGITAL

  1. YouTube Suspends Donald Trump Indefinitely, Demonetizes Rudy Giuliani
  2. Parler’s attempt to get back on Amazon Web Services rejected by judge
  3. Judge Easily Rejects Parler’s Demands To Have Amazon Reinstate Parler
  4. Court Rejects Parler’s Demand That Amazon Host Its Services (Eric Goldman)
  5. This site posted every face from Parler’s Capitol Hill insurrection videos
  6. Facebook calls in its Oversight Board to rule on Trump ban
  7. Facebook’s Oversight Board to Decide on Trump Ban
  8. Oversight Board Agrees To Review Facebook’s Trump Suspension
  9. Donald Trump Permanently Suspended from Twitter
  10. Insights: The Donald’s Digital Death Penalty—Deplatforming, Politics, And The Future Of Social Media
  11. Disingenuous, Lying, Whining, Bloviating, Insurrection Encouraging Senator Josh Hawley Given Pages Of Major Newspaper To Explain How He’s Being Silenced
  12. Parole Violator Who Raided Senate Building Sold Out By The GPS Unit Attached To Him For Previous Parole Violations
  13. Let’s fix Facebook’s content issues
  14. California Appeals Court Says Section 230 Immunizes Twitter From Banned User’s Lawsuit
  15. Dozens Of Human Rights Group Tell Congress: Do Not Gut Section 230 On Our Behalf; It’ll Do More Harm Than Good
  16. Twitter is opening up its full tweet archive to academic researchers for free
  17. De-platforming Is a Fix, But Only a Short-Term One
  18. Have Social Media Companies Become Too Powerful?
  19. Twitter launches ‘Birdwatch,’ a forum to combat misinformation
  20. Planning to Sue Twitter Over an Account Suspension? YOU WILL LOSE–Murphy v. Twitter (Eric Goldman)
  21. Website ADA Lawsuit Filed Against Golden State Warriors
  22. NLRB Approves Workplace Social Media Policy Limiting Employees’ Online Communications
  23. EFF Tells Louisiana Court Satire Is Still Protected Speech Even If The Government Doesn’t Get The Joke
  24. Unfiltered: How YouTube’s Content ID Discourages Fair Use and Dictates What We See Online (EFF)
  25. Big Tech worldwide nerulation: not if, but how
  26. Google agrees to pay French news sites to send them traffic
  27. Google: We’ll shut down Australian search before we pay news sites for links
  28. Google Threatens To Pull Out Of Australia Entirely; Australians Demand That It Both Stay And Pay News Orgs For Giving Them Traffic
  29. Court Tosses RICO Lawsuit Demanding $90 Million And The Dissolution Of Google For Supposed Anti-Conservative Bias
  30. Google Maps will soon show COVID vaccine locations
  31. Google takes Tilt Brush open source as official development comes to an end
  32. Sexual Harassment: Now Digital and Still Happening
  33. Silicon Valley Takes the Battlespace
  34. The history of the connected battlespace, part one: Command, control, and conquer
  35. Why Red Hat killed CentOS—a CentOS board member speaks
  36. Antitrust and the Tech Industry
  37. Role Reversal: Ninth Circuit Rejects Consumer’s Attempt to Enforce Updated Arbitration Provision in Website Terms of Use
  38. Former US Ambassador Sues Apple Because Telegram Users Are Making Him Feel Scared
  39. House Republicans Have A Big Tech Plan… That Is Both Unconstitutional And Ridiculous
  40. How Can Conservatives Fight Back Against Big Tech? For A Start, Just Be Sane Again.
  41. Not just MagSafe: Apple reminds users not to hold iPhones near pacemakers
  42. Apple reports double-digit sales booms for every product category in Q1 2021
  43. Loon’s bubble bursts—Alphabet shuts down Internet balloon company
  44. FTC Reaches Multi-Million Dollar Settlement With Ticket Brokers in its First BOTS Act Case
  45. Southwest Airlines Sues to Stop Web Scraping of Fare Information
  46. Labor Board Approves Carefully Crafted Social Media Policies
  47. FOSTA Survives Constitutional Challenge–US v. Martono (Eric Goldman)
  48. Comments on the “Protecting Constitutional Rights from Online Platform Censorship Act” (Eric Goldman)
  49. Lawyer Can’t Sue Google for Bad Client Review–Lewis v. Google (Eric Goldman)
  50. Content Moderation Case Study: Facebook Targets Misinformation Spread By The Philippines Government (2020)
  51. Content Moderation Case Study: Social Media Upstart Parler Struggles To Moderate Pornography (2020)
  52. Mirroring Qualifies for Section 230–Monsarrat v. Newman (Eric Goldman)
  53. An alternate dimension: Virtual influencers
  54. Instagram Launches Professional Dashboard For Creators Building Businesses
  55. The Number Of Channels Monetizing Via YouTube’s Partner Program Doubled In 2020, CEO Says
  56. YouTube Issues Significantly Expanded Guide To Self-Certification, Asks For Creator Feedback
  57. JoJo Siwa Allegedly Swatted By Paparazzi After Coming Out As Part Of LGBTQ+ Community
  58. Jake Paul Signs With Triller And Snoop Dogg-Owned ‘The Fight Club’ For April Boxing Bout
  59. Jake Paul To Battle UFC Fighter Ben Askren In Upcoming Triller Boxing Match
  60. Invite-Only Chat App Clubhouse To Develop Creator Monetization With Series B Funding
  61. Genflow, Which Helps enceruencers Build Their Own Brands, Raises $11 Million
  62. IAC’s Vimeo Raises $300 Million At $5.7 Billion Valuation, With Spinoff Slated For Next Quarter
  63. Vimeo Rolls Out Lead-Generation Integrations With Mailchimp, HubSpot, Constant Contact
  64. ‘Selma,’ ‘When They See Us’ Filmmaker Ava DuVernay Signs Exclusive Podcast Deal With Spotify
  65. Byte, Clash Merge To Take On TikTok
  66. Italian Data Protection Authority Orders TikTok To Block Underage Users Following Death Of 10-Year-Old Girl
  67. This Tiktok star uses astrology to predict bitcoin prices
  68. TikTok Testing Q&A Tool, Enabling Creators To More Seamlessly Respond To Viewer Inquiries
  69. TikTok Launches ‘Creator Portal’, A Hub For Educational Resources, Best Practices, More
  70. TikTok Helps Push 17-Year-Old Olivia Rodrigo’s “Drivers License” To No. 1 Billboard Debut
  71. TikTok To Lay Off Most Indian Staffers After Country Makes Ban Permanent (Report)
  72. Public Actors Without Public Values: Legitimacy, Domination and the Regulation of the Technology Sector
  73. A class for itself? On the worldviews of the new tech elite
  74. Evolving Trends in the Production and Distribution of Streaming Media
  75. Privacy, Digitalization, Rule of Law Some Contemporary Challenges
  76. Crypto Asset Regulation: Is the US or UK Keeping Up Best With This Emerging Market?
  77. Break the Backlog: The Durable Conclusions from the Online Courtroom Project

A.I.

  1. Valve’s Gabe Newell imagines “editing” personalities with future headsets: “Remember when Bob got hacked by Russian malware [and] ran naked through forests?”
  2. Facebook’s Post-Insurrection Purge Catches A Bunch Of Left Wing Accounts In Its AI Net
  3. Algorithms and consumer harm: CMA publishes new research paper and launches call for information
  4. Research and analysis – Algorithms: How they can reduce competition and harm consumers (Competition & Markets Authority, U.K.)
  5. A short primer on patenting AI and machine learning inventions at the European Patent Office
  6. Towards a deliberative framework for responsible innovation in artificial intelligence
  7. Sidewalk-robot startup celebrates 1 million deliveries
  8. Waymo CEO dismisses Tesla self-driving plan: “This is not how it works”
  9. AI and Life Sciences: Has protein folding been solved?
  10. AI Update: UK Parliament Research Briefing on AI in the UK Healthcare System
  11. Andrew Gray and the AI Boot Camp
  12. Scale AI Valued at $3.5B After Series D Fundraising Round

COMMUNICATIONS

  1. Report calls for powerful new federal body to regulate social media 
  2. Telecoms Paused PAC Spending To Insurrectionists, But Their Umbrella Lobbying Orgs Didn’t
  3. Democrat Jessica Rosenworcel replaces Ajit Pai, is now acting FCC chairwoman
  4. Rosenworcel Announces Staff Appointments
  5. New Interim FCC Boss Jessica Rosenworcel Will Likely Restore Net Neutrality, Just Not Yet
  6. SpaceX adds laser links to Starlink satellites to serve Earth’s polar areas
  7. CenturyLink, Frontier missed FCC broadband deadlines in dozens of states
  8. Outgoing FCC’s Last Act Is A Delusional Report That Pretends US Broadband Is Wonderful
  9. FCC Issues Declaratory Ruling on Pole Attachment Costs and Pole Replacements
  10. Biden Fires Steve Bannon Protege, Who Tried To Turn Voice Of America Into A New Breitbart
  11. Broadband Monopolies Keep Getting Money For Networks Never Fully Deployed
  12. AT&T eats a $15.5 billion impairment charge as DirecTV debacle continues
  13. AT&T may keep majority ownership of DirecTV as it closes in on final deal 
  14. New US rules target use of Chinese IT and communications goods and services 
  15. FCC Seeks Comment on Permitting Mobile Services in 12 GHz Band 
  16. FCC’s Annual Broadband Deployment Report Shows Digital Divide Closing
  17. Can public service broadcasting survive Silicon Valley? Synthesizing leadership perspectives at the BBC, PBS, NPR, CPB and local U.S. stations (Erik Martin)

INTELLECTUAL PROPERTY

  1.  Software-Generated “Infringement Report” Supports $262,931 in Remedies For Copyright Infringement
  2. Securing Copyright and Trademark Rights for Broadcasts and Promotions Related to NFL Championship Games and Super Bowl LV (55)
  3. Sony Music Entertainment v. Cox Communications (USDC, Virginia: January 12, 2021): Denies ISP’s post-trial motion to reduce $1 billion statutory damages award in copyright infringement action.
  4. The Tricky Issue of Joint Authorship in Copyright Works
  5. BMG, Aggressive Champion Of Copyright Enforcement, Accused Of Copyright Infringement By Jehovah’s Witnesses
  6. CASE-ing the Joint: The Copyright Alternative in Small-Claims Enforcement Act
  7. Turns Out That Brexit Means Rotting Pigs’ Heads, And Losing An EU Copyright Exception
  8. Finds Alleged Parody Fails on Copyright Fair Use Factors but Passes Rogers Test to Avoid Trademark Liability
  9. Sports data rights in 2021: the outlook
  10. Trademarks in 2020: Notable Canadian trademark cases and developments 
  11. Are Trademark Injunctions Continuing their Awakening from Hibernation?
  12. Top 5 trademark considerations every cleantech entrepreneur should know 
  13. Pearl Jam v Pearl Jamm
  14. Proud to Be an American, God Bless The USA, But Not Functioning as A Trademark 
  15. What’s Cookin’? No Likelihood of Confusion Between Two KITCHEN Marks 
  16. Tommy Hilfiger invalidates trademark piggybacking on its iconic flag logo 
  17. Brizzy v. Vizzy: Molson Coors Obtains Cheers-Worthy Trademark Ruling at Fifth Circuit 
  18. “Lettuce Turnip the Beet” Pun on T-Shirts Not Trademark Use, Ninth Circuit Affirms 
  19. Trademarks and Expressive Works 
  20. Stay A Lot More Than Six Feet From The NFL’s Trademarks! 2021 Update on Super Bowl Advertising and Promotions 
  21. Laches and Acquiescence in Trademark Proceedings
  22. More ‘failure to function’ refusals in 2020
  23. Generic.com Terms are Not Ineligible for Registration 
  24. Trademark Law Updates – Fees, Fraud and Injunction Presumptions
  25. January 2021 Trademark Update 
  26. US Trademark Amendment Act Will Provide New Procedures for Challenging Use Claims
  27. UDRP on Gameroom.com: Facebook keeps its domain name
  28. How does Brexit affect European Trademark Rights?
  29. Can I keep my .eu domain name?
  30. Who’s on the Line?: Protecting Your Trade Secrets on Zoom Calls
  31. Pepper Spray Manufacturer’s Successful Self-Defense Reinforces Best Practices for Design Patents
  32. Rothy’s v Giesswein – English Court leaves a lasting mark on EU Community design rights 
  33. Federal Court of Appeal Cautions Against Use of Foreign Prosecution History 
  34. Federal Court of Appeal affirms summary judgment in patent prosecutions: Court also upholds interpretation of file wrapper estoppel in precedent-setting case
  35. Federal Court continues trend of granting summary judgment in appropriate patent proceedings
  36. Federal Court upholds validity of two patents pertaining to ELIQUIS
  37. Non-practicing entity’s allegations of patent infringement against oil sands producer /operator dismissed
  38. Choueifaty patent application found to possess patentable subject-matter
  39. Federal Court finds silodosin formulation patent valid but not infringed
  40. Patent Appeal Board Allows Dosage Regimen Claims – No Physician Skill Needed
  41. PMPRB proposes to modify Guidelines definition of “gap medicine” to include medicines sold by July 1, 2021
  42. Patentee’s Success Story in a Hatch-Waxman Litigation Case
  43. A New Application of an Abstract Idea Is Still Abstract: Court Affirms Dismissal Under § 101
  44. Patentee Cannot Cure Lack of Written Description by Reference To Matter Present Only Foreign Priority Application
  45. Happiest Baby’s SNOO patent Rocks Baby Automatically
  46. Illuminating insufficiency: the English Patents Court examines “Regeneron ranges”
  47. Regeneron Recast – Mr Justice Birss provides illuminating insight into the law of sufficiency
  48. UKIPO “Green Channel” – can the patent system encourage more innovation in green technologies?
  49. Cannabis: Patents in Europe
  50. Senate Passed New Legislation to Punish Foreign Individuals and Corporations for IP Theft
  51. Biden administration promises hard stance against Chinese IP abuses  
  52. Intellectual Property Issues for Foreign Enterprises Acquiring Chinese Companies
  53. Critical and curious terms from the world of Intellectual Property
  54. Top Enforcement Issues to watch in 2021

PRIVACY

  1. The CPPA’s Privacy Law Enforcement Regime
  2. ADT Tech Spied On Women For Four Years Before Getting Caught By Accident
  3. Britain Helps Children Learn From Home By Procuring Them Laptops Preloaded With Russian Malware
  4. North Korea hackers use social media to target security researchers
  5. Military intelligence buys location data instead of getting warrants, memo shows
  6. NYPD Still Blowing The Public’s Money To Keep The Public From Seeing The NYPD’s Misconduct Records
  7. New Yorkers Receive Postmortem Rights and Protection Against Digitization of Sexually Manipulated Content in New Right of Publicity Statute
  8. Chrome and Edge want to help with that password problem of yours
  9. Home alarm tech backdoored security cameras to spy on customers having sex
  10. Flo Period App Gets A Wrist Slap For Sharing Private Health Data
  11. United Kingdom: Information Commissioner’s Office (ICO) issues statement on SolarWinds Orion compromise
  12. Amazon Ring App Found To Be (Again) Exposing User Locations, Home Addresses
  13. Court approves grocery store data breach settlement
  14. Appeals Court Rejects Clearview’s Attempt To Dodge A State Lawsuit By Trying To Make It A Federal Case
  15. 2020 Privacy Year In Review

GAMES

  1. Québec law firm files latest Nintendo Switch Joy-Con drift lawsuit: Lambert Avocat seeking compensation for all Québec consumers who bought Switch controllers since August 2017
  2. European Commission called to investigate into Joy-Con drift
  3. BEUC calls for Joy-Con Drift investigation after receiving 25,000 complaints
  4. Valve on trial for allegedly infringing controller patents: The Steam Controller is accused of being based on a patent belonging to SCUF
  5. US Court dismisses Wargaming lawsuit against former employees
  6. Jagex disputes Plutos Sama’s claims of ownership: RuneScape dev calls RICO lawsuit against former owner “meritless,” says it was fully acquired by Carlyle Group
  7. Runescape developer Jagex has been acquired by The Carlyle Group
  8. FTC Reaches Settlement with Tapjoy for Allegedly Deceiving Consumers About In-Game Rewards
  9. Mobile Ad Company Settles FTC Charges Over Misleading In-Game Rewards
  10. Epic’s Fortnite v Apple dispute arrives in the UK
  11. How Final Fantasy VII Remake legitimizes sexuality and gender identity
  12. Twitch bans Donald Trump’s account indefinitely
  13. Twitch indefinitely suspends account of former U.S. President Donald Trump
  14. Twitch permanently bans Trump, will update policy after Capitol siege: Streaming site says recent events have raised concerns over “rhetoric that encourages violence”
  15. Twitch’s new harassment policy goes into effect today: What’s new
  16. Activision Is Resisting Diversity Hiring Push by America’s Unions
  17. Activision Blizzard says interviewing diverse candidates for every opening “unworkable”
  18. Scavengers Studio creative director accused of belittling, screaming at, groping employees
  19. Report: Scavengers Studio co-founder allegedly groped, screamed at employees
  20. Scavengers suspends co-founder Simon Darveau
  21. Scavengers CEO steps down, suspends creative director after abuse allegations
  22. MAGFest executive director resigns after accusations of abusive behavior
  23. So, Uh, What’s Up With GameStop’s Stock?
  24. GameStop stock hits new highs as Redditors and stock market short sellers wage war
  25. For Basically No Reason, Gamestop’s Stock Price Is Rollercoastering In A Tug Of War Being Fought On Reddit
  26. The complete moron’s guide to GameStop’s stock roller coaster
  27. A Fight Over GameStop’s Soaring Stock Turns Ugly: The denizens of the WallStreetBets subreddit helped push the flailing stock to dizzying heights – while a short seller alleged an accompanying harassment campaign.
  28. How WallStreetBets Pushed GameStop Shares to the Moon
  29. Discord bans r/WallStreetBets server (for hate speech)
  30. GameStop share price reaches record high amid Reddit-driven short squeeze
  31. GameStop shares continue to soar following Elon Musk tweet
  32. GameStop stock soars, craters, closes up
  33. GameStop stock up 135% in 24 hours, Biden administration “monitoring the situation”
  34. All eyes on GameStop stock: The White House is now ‘monitoring the situation’
  35. Google halts Play Store ‘review bombing’ by GameStop traders
  36. Google Play bans video app for standard “.ass” subtitle support
  37. The Pokémon Company takes measures against Sword and Shield hackers
  38. The Pokemon Company is clamping down on Sword, Shield, and Home hackers
  39. Rovio quietly shutters game streaming service Hatch
  40. EA forms new studio Full Circle to revive Skate franchise
  41. Codemasters directors to vote in favour of EA bid
  42. Codemasters’ directors vote in favor of $1.2 billion EA acquisition
  43. Huuuge Games IPO could raise almost $400m
  44. Developers should be wary of the IPO’s siren call | Opinion:
  45. As CD Projekt Red’s Cyberpunk woes turn legal, developers with an eye on the stock market should think carefully about doing business under that level of scrutiny
  46. Cyberpunk 2077’s launch month sets digital sales record despite refunds
  47. Was the Cyberpunk 2077 launch a perfect storm? | This Week in Business
  48. CDPR working to navigate physical Cyberpunk 2077 returns as refunds roll out 
  49. How India’s shifting political climate is influencing local game development
  50. Romania: Copyright Perspective – Legal nature of Video Games
  51. New York Times Decides Kids Are Playing Too Many Video Games During The Pandemic
  52. Dead by Daylight studio apologises following developer comments about colourblind mode
  53. Plex adds game-streaming as paid add-on, completely botches the landing
  54. Xbox Live price increase reversed after less than one day
  55. Microsoft’s rolled back its Xbox Live Gold price increase
  56. Xbox Live Gold price hike reversed, service to no longer be required for free-to-play games: After outcry, Microsoft reverses course and goes a step further
  57. Xbox U-turns on Gold subscription price hike after fan backlash
  58. Opinion: Xbox’s Gold pricing flipflop & Game Pass ramifications
  59. Xbox Series X|S launches help push Microsoft gaming revenue up 51%
  60. Microsoft earnings: Xbox hardware sales shot up 86% with Series X/S
  61. Xbox revenue up 51% in a quarter defined by Game Pass growth, Series X|S debut
  62. Xbox Game Pass driving revenue at Microsoft after crossing 18 million subscribers
  63. Here’s Every Game Coming to The PlayStation 5 And Xbox Series X In 2021
  64. Can the games industry keep its COVID customers?
  65. Epic Games Pushes Into Film With Funding For Animated Feature ‘Gilgamesh’
  66. Using player-avatar relations to make more engaging and successful games: Avatars can be the key to offering more intense and satisfying game experiences, and inspiring loyalty among players
  67. Steam ‘prologues’… do they really help?
  68. Hitman 3 surpasses its predecessor to claim No.1 | UK Boxed Charts
  69. Hitman 3 recoups project costs in under a week
  70. IO Interactive’s Hitman 3 made back its dev costs in a single week
  71. FIFA 21 was Europe’s best-selling boxed game in 2020
  72. Switch expanding the console market, says Interpret
  73. What a Wipeout spiritual successor can teach investors about games
  74. Capcom raises forecasts thanks to growing digital sales
  75. Capcom raises full year earnings forecast thanks to strong digital sales
  76. Resident Evil VIII gets May release date, massive preview, playable demo
  77. Digital sales now make up 91 percent of Focus Home Interactive’s revenue
  78. Hyrule Warriors drives record Q3 for Koei Tecmo
  79. Deep Rock Galactic has topped 2 million sales
  80. Konami restructuring internal departments, has not dissolved games development teams
  81. Tencent acquires minority stake in Dontnod
  82. Tencent picks up minority stake in Dontnod for $36.3 million
  83. Tencent invests 30 million euros into DONTNOD, funding self-publishing
  84. Sagard NewGen nabs minority stake in Flight Simulator dev Asobo Studio
  85. Blizzard absorbs acclaimed Activision studio as a dedicated “support” team
  86. Vicarious Visions merged into Blizzard
  87. Vicarious Visions is now a part of Blizzard Entertainment
  88. DualShockers acquired by GRV Media
  89. Jagex sold to Carlyle Group
  90. RuneScape publisher Jagex acquired by The Carlyle Group for at least $530 million
  91. Team 17 acquires Golf With Your Friends franchise for $16.4 million
  92. Team17 acquires Golf With Your Friends for £12m
  93. Nacon acquires Big Ant Studios for €35m
  94. Nacon acquires Cricket 19 developer Big Ant Studios for $42.5 million
  95. Azerion fully acquires Habbo Hotel developer Sulake
  96. Habbo developer Sulake to be fully acquired by Azerion 
  97. Imvu receives $35m investment
  98. Together Labs nets $35 million to fund avatar-based social platform IMVU
  99. MegaDev secures $1.9m for PC cheat platform Plitch
  100. Huuuge ambitions: How a $300m IPO will make the Polish mobile studio last forever
  101. Sagard NewGen acquires minority stake in Asobo Studio
  102. Tencent made record number of games M&A deals in 2020
  103. Tencent acquires majority stake in Klei Entertainment
  104. Games projects raised $23m on Kickstarter in 2020
  105. The rise of Fall Guys and how Mediatonic plans to take it higher
  106. The Esports Industry Grew; Now It’s Time For It To Grow Up
  107. PlayVS expands to Canada with GameSeta acquisition
  108. Epic pledges $20 million for Fortnite esports in 2021
  109. Rival Peak reaches 22m views
  110. GamersNexus’ Steve Burke overclocks his YouTube channel’s best comments
  111. Apple reportedly planning VR headset for next year
  112. Report: Apple’s VR headset will be a pricey, high-end niche standalone
  113. PSVR 2 could be the hottest VR headset yet | Patent Trawling
  114. Pokémon Crystal keeps us interested by telling us less | Why I Love
  115. The ‘fab four’ game marketing maxims to live by
  116. Blog: The scary secrets of horror design from Silent Hill 4
  117. Blog: Everything you need to know about LiveOps in 2021
  118. Blog: Microtransations and the race to the bottom
  119. Blog: Using data-driven lessons from Academia: School Simulator to understand discounts
  120. Blog: A design discussion on Death Stranding
  121. Video: Behind the massive crowds of Assassin’s Creed Unity 
  122. Video: The tech behind Inkle’s interactive film scripts
  123. Don’t Miss: The Cabal – Valve’s design process for creating Half-Life
  124. Don’t Miss: How Monster Hunter: World’s director breathed new life into the series
  125. The Last of Us Part II leads the 2021 DICE Awards nominations

Jon

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News of the Week; January 20, 2021

By Jon Festinger on January 24, 2021

DIGITAL

  1. YouTube Extends Trump Ban For Another Week, Citing Concerns About “Ongoing Potential For Violence”
  2. YouTube Removes Onision From Partner Program, Demonetizes His Channels Over Child Safety Concerns
  3. Facebook knew about violent extremists before insurrection, reports find
  4. Sheryl Sandberg Makes Disingenuous Push To Argue That Only Facebook Has The Power To Stop Bad People Online
  5. They Used to Post Selfies. Now They’re Trying to Reverse the Election.: Right-wing influencers embraced extremist views, and Facebook rewarded them.
  6. Inside Twitter’s Decision to Cut Off Trump
  7. The Capitol Rioters Are Giving Insurrection a Bad Name
  8. Disinformation creep: ADOS and the strategic weaponization of breaking news
  9. Sticks and Stones May Break My Bones but Words Incite a Riot
  10. I’m a First Amendment scholar – and I think Big Tech should be left alone
  11. No Political Advertising on Google, At Least Until After Inauguration Day
  12. Inauguration Has Happened, Google And Facebook Should End The Ban On Political Advertisements
  13. Social Media Platforms See 73% Drop In Election Misinformation After Trump’s Ban (Study)
  14. Dominion Voting Systems Files Defamation Lawsuit Against Former Trump Lawyer, Sidney Powell
  15. GitHub regrets firing Jewish employee who called Trump-incited mob “Nazis”
  16. Trump pardons engineer who copped to stealing a Google secret for Uber: Peter Thiel, Palmer Luckey, and others asked Trump to pardon Levandowski.
  17. Chinese Ad for Make-Up Wipes Pulled Over Charges of Sexism and Victim-Blaming
  18. Applying Uber v. Heller – Ontario Superior Court of Justice applies unconscionability doctrine to standard form arbitration clause
  19. Jonathan Zittrain on the Great Deplatforming
  20. 2021 Is the Year the Internet Gets Rewritten: As Silicon Valley flails to combat an insurrection at home, Europe is marching ahead with a plan to revise the web’s basic rulebook.
  21. Jack Dorsey Explains The Difficult Decision To Ban Donald Trump; Reiterates Support For Turning Twitter Into A Decentralized Protocol
  22. What motivates the motivated reasoning of pro-Trump conspiracists?
  23. Trump’s Facts-Optional Assault On Chinese Tech Continues With Blocking Of Xiaomi
  24. As Beijing Continues To Creep Into Hong Kong, Internet Censorship Begins
  25. Amazon offers Biden help to speed up vaccine distribution
  26. Judge Not Impressed By Parler’s Attempt To Force Amazon To Put It Back Online
  27. Parler CEO admits site may never recover from Amazon ban
  28. Parler’s CEO Promises That When It Comes Back… It’ll Moderate Content… With An Algorithm
  29. Ridiculous: Yale Law Prof Argues That Because Some In Congress Want More Moderation, That Makes Twitter A State Actor
  30. A Few More Thoughts On The Total Deplatforming Of Parler & Infrastructure Content Moderation
  31. Parler seems to be sliding back onto the Internet, but not onto mobile
  32. Parler Attempting to Come Back Online, Still Insisting The Site’s Motivation Is ‘Privacy’ Despite Leaking Details On All Its Users
  33. Questions Raised About Why Online Retailers Are Promoting Attack on Capitol Hill-Themed Products
  34. Hackers alter stolen regulatory data to sow mistrust in COVID-19 vaccine
  35. When Can a Politician Block Constituents on Social Media?–Garnier v. O’Connor-Ratcliff (Eric Goldman)
  36. Facebook Isn’t Liable for Account Hack/Hijack–Damner v. Facebook (Eric Goldman)
  37. The local politics of AirBNB’s ban on DC rentals
  38. Samsung’s top executive gets 30 months in prison for bribery
  39. Mobile Advertising Company Gets Flack from FTC for Failure to Deliver Upon Advertised Promises
  40. “Big Tech” under pressure – new Rules for Digital Platforms in the EU and UK
  41. UK government sets out final approach to regulating online harms
  42. Should my Will refer to Digital Assets
  43. Google says it’s closing the Fitbit acquisition—uh, without DOJ approval?
  44. Former FCC Boss Tom Wheeler Continues To Misunderstand And Misrepresent Section 230 And The Challenges Of Content Moderation
  45. Understanding the Controversy over Section 230
  46. Content Moderation Case Study: Dealing With Demands From Foreign Governments (January 2016)
  47. Content Moderation Case Study: Using Hashes And Scanning To Stop Cloud Storage From Being Used For Infringement (2014)
  48. The New Age of Content Moderation(?)
  49. Free Access To Academic Papers For Everyone In India: Government Proposes ‘One Nation, One Subscription’ Approach As Part Of Major Shift To Openness
  50. Indonesian Government Prioritizes Influencers — Alongside Healthcare Workers — In COVID Vaccine Rollout
  51. Influencer and brand under fire for failing to clearly identify marketing communication on TikTok (Jamella t/a GHD in association with Emily Canham)
  52. Influencer Marketing Guide
  53. 2020 Advertising Law Year in Review
  54. Netflix’s First Inclusion Report Lays Out Its Diversity Efforts, Shortfalls, Goals
  55. Netflix Soars Past 200 Million Subscribers, Clocked $25 Billion In Revenues Last Year
  56. ViacomCBS Sets March 4 Launch For Paramount+ Streaming Service
  57. CBS All Access is dead, long live Paramount+: “New” streaming service launches March 4
  58. Apple Looking To Monetize Podcasting Platform Via Subscription Service (Report)
  59. Apple pulls the plug on user-found method to sideload iOS apps on Mac
  60. Some Creators Are Making Millions Uploading Videos To Snapchat’s Spotlight
  61. YouTube Adds Safety Feature Targeting Comments With External Links
  62. YouTube Adds New Metric Letting Creators Track Video Performance Over 24-Hour Span
  63. The Dolan Twins, With 11 Million Subscribers, Resign From YouTube To Pursue Other Ventures
  64. YouTube Wonderkid ‘Like Nastya’ Topples 200 Million Subs Across Portfolio Of 14 Channels
  65. PC sales finally saw big growth in 2020 after years of steady decline
  66. Newly-Formed ‘Group Nine Acquisition Corp.’ Prices $200 Million IPO, Kicking Off Today
  67. Wattpad Acquired By Webtoon’s Parent Company ‘Naver’ In $600 Million Deal
  68. CAA Acquires Creative Agency ‘Tandem’ To Bolster Digital Partnerships, Branded Content Efforts
  69. Treasury nominee Yellen is looking to curtail use of cryptocurrency
  70. The internet didn’t kill counterculture—you just won’t find it on Instagram
  71. Rhode Island clarifies sales taxation of advertising software
  72. Zeros and Ones in 2021: Next Moves in the Digital Tax Debate
  73. Emoji Law Year-in-Review for 2020 (Eric Goldman)

A.I.

  1. Facebook will pay more than $300 each to 1.6M Illinois users in settlement
  2. WorkLife 2.0: A robot in control – should AI have a voice on the Board?
  3. Brainard weighs benefits and risks of using AI in financial services industry
  4. AI-powered text from this program could fool the government
  5. Microsoft invests in $30 billion driverless car company Cruise
  6. FDA Issues Artificial Intelligence/Machine Learning Action Plan
  7. Five highlights from FDA’s new AI device regulation Action Plan
  8. House of Lords liaison committee report on AI published
  9. “AI in the UK: No room for complacency” and no room for a separate AI regulation
  10. The AI Council calls for a National AI Strategy: building public trust
  11. What You Need to Know About M&A and Investing in AI
  12. Blockchain, AI and Cloud in the Luxury Sector
  13. An interview with Cirio Advokatbyrå AB discussing artificial intelligence in Sweden

COMMUNICATIONS

  1. Federal Enforcement Agencies Remind Canadian Mobile App Companies of their CASL Obligationsl
  2. Fox News Needs To Accept Some Of The Blame For The Insurrection; But That Doesn’t Mean We Toss Out The 1st Amendment
  3. FCC fines white-supremacist robocaller $10 million for faking caller ID
  4. FCC Fines White Supremacist ~$10 Million for Spoofed RoboCalls
  5. In Departing Statement, FCC Boss Ajit Pai Pretends He ‘Served The People’
  6. As Ajit Pai exits FCC, Charter admits defeat on petition to impose data caps
  7. With Trump Loss, Charter Backs Off FCC Request To Allow Broadband Caps
  8. 3Mbps uploads still fast enough for US homes, Ajit Pai says in final report
  9. FCC’s new foreign ownership review rules set to take effect
  10. House Lawmakers Question Telecom Giants Over Broadband Price Gouging During A Pandemic
  11. Broadband Market Failure Keeps Forcing Americans To Build Their Own ISPs
  12. US declares Xiaomi a “Communist Chinese military company,” bans investments
  13. English Premier League wins latest round in battle over satellite decoder cards
  14. UK faces major telecoms regulation overhaul courtesy of the European Electronic Communications Code

INTELLECTUAL PROPERTY

  1. Foreign Certificate of Registrations of Copyright may not suffice to prove ownership of copyright in Canada
  2. How one musician took on the world’s biggest TV network over copyright—and won
  3. Ninth Circuit Panel Adopts “Asserted Truths” Doctrine in Holding Jersey Boys Musical Does Not Infringe Copyright 
  4. INSTA-FRAUD Instagram ‘Copyright Infringement’
  5. Martin v Kogan: High Court re-writes script as Kogan succeeds in copyright co-authorship retrial
  6. Why Software Developers Should Provide Licensees With Software Escrow Services 
  7. Getting Your Website Ready for the New Library of Congress Copyright Claims Board
  8. A Short Summary of the CASE Act (Tyler Ochoa) 
  9. Mixed reactions as copyright owners ring in 2021 with CASE Act
  10. In CASE You Missed It: Significant New Dispute-Resolution Process for Copyright Claims 
  11. New Stimulus Bill Creates Small Claims Copyright Court 
  12. Pepe the Frog 
  13. Knobbe Practice Webinar Series – Protecting User Interface Technologies
  14. Celebrated graffiti artist Futura sues The North Face for its FUTURELIGHT apparel line alleging copyright and trademark infringement 
  15. A COVID-19 fast-track for Canadian trademark applications 
  16. Canadian Trademark Law: 2020 Year in review 
  17. Year in Review – Key Trademark Cases from 2020
  18. The Case of the ‘Missing S’
  19. A not so EASY task after all – UKIPO finds EASY mark devoid of distinctive character 
  20. SCOTUS Refuses To Hear Case Between Jack Daniels And VIP Products Over Doggy Chew Toy
  21. Are Commercial Parody Dog Toys Subject to the Heightened Rogers Test, and Do They Qualify As Non-Commercial Works under the Trademark Dilution Revision Act? 
  22. Everything Old is New Again: Presumption of Irreparable Harm Restored to Third Circuit Trademark Cases Seeking Injunctive Relief 
  23. TTAB KO’s Mayweather PAST PRESENT FUTURE Trademark Application
  24. Trademark Modernization Act Becomes Law: Establishes Procedures to Remove Deadwood Registrations, Restores Presumption of Irreparable Harm, and Protects the Independence of the Trademark Trial and Appeal Board
  25. Trade Mark Filings increase worldwide in 2019 
  26. A Trademark is Not a Copyright or a Patent 
  27. Manufacturers Must Not be Blind to Their Rights Against Counterfeiters
  28. Shoe design found valid and infringed in the UK Court’s last Community registered design case
  29. Case Study | Breach of Confidence by employees 
  30. Litigation finance helps companies keep their cool during trade secrets disputes 
  31. How Not to Build a Case of Trade Secret Misappropriation 
  32. Federal Court invalidates Janssen ZYTIGA® Patent
  33. Federal Court decision regarding glatiramer acetate finds one patent obvious and another valid and infringed
  34. PM(NOC) Invalidity Grounds May Extend Beyond NOA
  35. Federal Court continues recent trend of granting summary judgment in appropriate patent proceedings
  36. The new rules of Canadian patent litigation: Federal Court of Appeal affirms the viability of summary judgments in patent actions, upholds interpretation of file wrapper estoppel
  37. Recent Amendments to the Patented Medicines Regulations Declared Unconstitutional by Québec Superior Court
  38. Have any Patents Issued under the USPTO’s COVID-19 Prioritized Patent Examination Program?
  39. Patenting the 3D Bioprinting Innovations that Combat COVID-19
  40. Revenge of the Grammer Nerds: Grammatical Canons Overturn $8.6 Million Jury Infringement Verdict 
  41. No Reasonable Expectation of Success, No Obviousness 
  42. The China Pivot: Closing the “Back Door” to Trade Secret and IP Theft
  43. Rapid Rise in Blockchain Patent Filings in China
  44. Everyday IP – Brushing up: When were toothbrushes invented?
  45. UK-EU Trade Agreement and IP Rights
  46. Proposed University Technology Licensing Program Gets Nod from Justice Department
  47. Making the best of a bad year: Winning IP cases in 2020
  48. World Intellectual Property Indicators Report 2020
  49. 2020 Engineering & Technology Year in Review
  50. Importance of Protecting Intellectual Property in the Digital Age 
  51. 10 things every new IP counsel should do

PRIVACY

  1. Defunct Photo App Agrees to Erase Biometric Data in FTC Settlement
  2. FTC Settles Allegations of Deceptive Practices by Photo Storage App Provider
  3. FTC Takes Aim at Facial Recognition Claims in Latest Deception Settlement
  4. Tiktok faces lawsuit for violating children’s data privacy law in the UK
  5. Fired former data scientist Rebekah Jones arrested, tests positive for COVID-19
  6. Fifth Circuit Court of Appeals Vacates MD Anderson HIPAA Penalty
  7. CJEU rules that the UK’s “mass surveillance” regime is out of line with EU law
  8. The NSA warns enterprises to beware of third-party DNS resolvers
  9. Security firm Malwarebytes was infected by same hackers who hit SolarWinds
  10. How law enforcement gets around your smartphone’s encryption
  11. Beware of biometric data compliance pitfalls under BIPA
  12. Another Day, Another Location Data Privacy Scandal We’ll Probably Do Nothing About
  13. Oceans Apart? Mass Privacy Litigation in the US and Europe
  14. Key lessons from the first major GDPR fines for cyber breaches

GAMES

  1. CD Projekt faces a second class-action lawsuit over Cyberpunk 2077
  2. CD Projekt Red exec disputes Cyberpunk 2077 demo were “almost entirely fake”
  3. CD Projekt vows ‘vigorous’ defense as investors launch second Cyberpunk class action
  4. Inside Cyberpunk 2077’s Disastrous Rollout
  5. Epic Games takes legal action against Apple and Google in UK
  6. Epic submits claims against Google and Apple to UK Competition Appeal Tribunal
  7. “Loot boxes” and other in-game purchases: ASA launches consultation
  8. European Commission fines Valve, others $9.4 million for ‘geo-blocking’ games
  9. EU fines Valve and five publishers €7.8m for geo-blocking practices
  10. FTC Cracks Down on Mobile Gaming Middlemen Offering In-Game Rewards and Offers
  11. FTC reaches settlement over misleading mobile advertisements for in-game rewards, and warns of growing scrutiny towards today’s gaming gatekeepers
  12. FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information
  13. Planning a Super Bowl-themed Marketing Campaign? 5 Tips for Staying In Bounds
  14. ITC Threat for Gaming Companies Grows with PTAB Discretionary Denials
  15. Twitch’s Trump ban sustained after leaving office
  16. Nintendo blocks videos by Game & Watch hacker
  17. Nintendo uses copyright claims to take down Game & Watch hacking videos
  18. Nintendo Hates You: Gaming Giant Lobs A DMCA Nuke At Hundreds Of Fan Games
  19. Universal delays opening of Super Nintendo World again due to COVID-19
  20. Super Nintendo World opening on “indefinite hiatus”
  21. Analyst: The Nintendo Switch outsold every other console in 2020
  22. Chinese Switch sales expose a failure to counter the import market | Opinion
  23. Studios and designers: Are you sure that you own the intellectual property rights to your video games?
  24. Gaming the system: How GameStop stock surged 1,500% in nine months
  25. GAME details efforts to prevent PS5 scalpers
  26. Epic Games Store exclusivity muddles Hitman 3’s legacy DLC promise on PC
  27. IO Interactive assures Hitman 3 players will not have to repurchase previous entries
  28. Hitman III review: Let’s call it Hitman 2.5 and be fine with it
  29. Hitman 3 | Critical Consensus
  30. US environmental agency warns against Xbox Series X, PS5 energy consumption
  31. Report: Xbox’s “instant on” feature could consume 4 billion kWh by 2025
  32. Mobile gaming saw surge of new players in 2020
  33. Bungie is shutting down its Halo stats archive in February
  34. Middle-earth: Shadow of Mordor has lost its online features, including Vendetta missions
  35. Games investments reached $33.6bn in 2020
  36. InvestGame: 2020 game deals hit value of $33.6 billion across 664 transactions
  37. 2020 sees record US games spending at $56.9bn | US Annual Report
  38. NPD reveals the best-selling games of 2020 in the U.S.
  39. Battle.net gets a fresh coat of paint to improve navigation, accessibility, and more
  40. The triumph of mobile core games heralds a demographic shift | Opinion
  41. The Switch has officially shipped 1 million units in China
  42. Nintendo Switch accounted for 87% of consoles sold in Japan last year | Japan Annual Report
  43. Nintendo and GTA 5 come top in big year for Australia game sales | Australia Annual Report
  44. Nintendo continues to prop up UK games retail | UK Boxed Charts
  45. Ace Combat 7 has topped 2.5 million sales worldwide
  46. Puzzle Quest dev Infinity Plus Two acquired by 505 Games parent Digital Bros
  47. Playtech sells YoYo Games to Opera for $10m
  48. Opera buys GameMaker Studio maker YoYo Games for $10 million
  49. Opera opens new video game division and confirms YoYo Games purchase
  50. 505 Games acquires Infinity Plus Two
  51. Playtika IPO raises $1.88bn
  52. IPO plans value Krafton at up to $27bn
  53. Impending IPO values PUBG Studio parent Krafton at as much as $27 billion
  54. Casino game studio Huuuge looking to raise $150 million through IPO
  55. Savage Game Studios raises $4.4m
  56. Mobile developer Savage Game Studios nets $4.4 million for competitive shooter
  57. Miniclip acquires Online Soccer Manager studio Gamebasics
  58. Miniclip acquires Online Soccer Manager developer Gamebasics
  59. How MTG’s acquisition will fuel Hutch’s race to No.1
  60. Indiana Jones and the Raiders of the Blockbuster IP
  61. PC fan port of early Sonic games lets you zoom the camera way, way out
  62. How to localize a game video: A checklist for developers
  63. YouTube channel GameXplain accused of overworking and underpaying staff
  64. PewDiePie Signs Exclusive Facebook Distribution Deal With Jellysmack
  65. Leyline: “We don’t care about the money — we want to make the world better”
  66. Esports’ Wild 2020 Ride Culminates In 69 Percent Growth And A Continuing Rising Trend
  67. Kuato raises £4.5m, expands to VR
  68. Educational game studio Kuato nets $6.1 million to finance VR pivot
  69. Tilting Point opens studio in Russia to work on multiple projects
  70. The return of Peter Moore
  71. Industry vet Peter Moore returns to games as Unity SVP
  72. Peter Moore joins Unity as SVP and GM of sports and live entertainment
  73. Blog: The successful steps of Early Access games
  74. Blog: How can we improve support powers in RTS games? 
  75. Blog: Understanding the types of game currencies in mobile free-to-play
  76. Video: Next-level creature sound design
  77. Video: Unscoring the world of Kenshi
  78. Don’t Miss: Monolith Productions’ postmortem of Middle-earth: Shadow of Mordor
  79. Don’t Miss: Building a ‘homebrew’ video game console

Jon

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News of the Week; January 13, 2021

By Jon Festinger on January 20, 2021

DIGITAL

  1. Trump deletes tweets after being banned from Twitter
  2. Donald Trump has finally earned a permaban from Twitter
  3. Not Easy, Not Unreasonable, Not Censorship: The Decision To Ban Trump From Twitter
  4. Facebook, Instagram ban Trump through at least Inauguration Day
  5. YouTube suspends Trump’s account, disables comments “indefinitely”
  6. Just-Formed Alphabet Union Condemns YouTube’s “Lackluster” Response To Pro-Trump Capital Mob
  7. Wednesday, January 6th: The Day The Game Of Politics Turned Into Insurrection
  8. Politics Is Not A Game
  9. Republican state lawmaker livestreamed himself in mob storming US Capitol
  10. FBI arrests Republican lawmaker who stormed Capitol with pro-Trump mob
  11. Republican lawmaker resigns after arrest for storming US Capitol
  12. Identifying Insurrectionists Is Going To Be Easy — Thanks To Social Media And All The Other Online Trails People Leave
  13. Insurrectionists’ social media presence gives feds an easy way to ID them
  14. Dominion Voting suing “kraken” lawyer Sidney Powell for $1.3B
  15. Michael Flynn and Sidney Powell banned from Twitter in QAnon purge
  16. Trump social media ban will feature in future antitrust hearings
  17. The real lesson of Trump’s social media silencing
  18. Trump Is Banned. Who Is Next?
  19. Reddit’s largest remaining Trump community banned for “inciting violence”
  20. Google bans Parler from Android app store
  21. Amazon cuts off Parler’s Web hosting following Apple, Google bans
  22. After white supremacists storm US capitol, Apple expands racial justice initiative
  23. Parler goes dark, sues Amazon to demand immediate reinstatement
  24. Parler’s Laughably Bad Antitrust Lawsuit Against Amazon
  25. Filing: Amazon warned Parler for months about “more than 100” violent threats
  26. Parler’s amateur coding could come back to haunt Capitol Hill rioters
  27. Trump, Parler, and the internet regulation fallout (Andres Guadamuz)
  28. Facebook says it’s blocking posts with the phrase “stop the steal”
  29. Big ISPs pause donations to 147 Republicans who tried to reverse Biden’s win
  30. Snowflake Josh Hawley Seems To Think The 1st Amendment Means Simon & Schuster Has To Give Him A Book Contract
  31. Some Thoughts On Twitter Pulling The Plug On Trump’s Account
  32. Irony: German Chancellor Merkel Upset At Twitter For Banning Trump; Meanwhile Germany Demands Social Media Blocks Dangerous Content
  33. More Plaintiffs (and Lawyers) Need To Be Reminded That YouTube Isn’t a State Actor–Divino v. Google (Eric Goldman)
  34. The First Amendment: Where it is Implicated, and Where it is Not
  35. A New Year, a new approach to digital regulation: the DSA and Online Harms
  36. SolarWinds malware has “curious” ties to Russian-speaking hackers
  37. “Baby-making machines”: Chinese tweet on Uighurs not against Twitter rules
  38. Twitter takes down China’s “baby-making machines” tweet on Uighur women
  39. Appeals Court: Just Because Someone Used An Email Account To Send Threats Doesn’t Make It An ‘Interstate’ Crime
  40. Mossack Fonseca & Co. v. Netflix Inc. (California: Central District December 23, 2020): In libel action concerning Netflix’s 2019 film The Laundromat, district court grants anti-SLAPP motion.
  41. PSA: If Someone Doesn’t Accept Your Friend Request, Do Not Threaten To Kill Them And Kick In Their Front Door
  42. Goliath Beater Roku Rockets Into ‘The Streaming Decade’
  43. Quibi’s $1.75B experiment ends with Roku acquisition for “less than $100M”
  44. Roku Has Officially Acquired Quibi’s Pricey Programming Library
  45. Internet Shutdowns in 2021 
  46. The Year That Changed the Internet
  47. New proposals for regulation of online platforms in Europe
  48. Dear Section 230 Critics: When Senators Hawley And Cruz Are Your Biggest Allies, It’s Time To Rethink
  49. New Op-Ed: People Who Understand Section 230 Actually Love It (Eric Goldman)
  50. Section 230 Year-in-Review for 2020 (Eric Goldman)
  51. Content Moderation Case Study: SoundCloud Combats Piracy By Giving Universal Music The Power To Remove Uploads (2014)
  52. Content Moderation Case Study: Yelp Attempts To Tackle Racism On Its Platform (2020)
  53. The Slope Gets More Slippery As You Expect Content Moderation To Happen At The Infrastructure Layer
  54. Everything Pundits Are Getting Wrong About This Current Moment In Content Moderation
  55. Twitter Bans Sci-Hub’s Account Because Of ‘Counterfeit Goods’ Policy, As Indian Copyright Case Heats Up
  56. Apple allegedly working with Hyundai on electric car for 2027
  57. Bummed about new Google Photos storage limits? Amazon Photos says “hi”
  58. A Google smart display with radar-based sleep tracking is reportedly happening
  59. How YouTube helps form homogeneous online communities
  60. YouTube Re-Teams With Demi Lovato For ‘Dancing With The Devil’ Docuseries
  61. YouTube Turns On Post-Roll Ads By Default On All 10-Minute, Monetizing Videos
  62. YouTube Names Dr. Garth Graham Global Head Of Healthcare, In Bid To Bolster Authoritative Health Content
  63. ‘#YouTubeBlack Voices Grant Program’ Unveils Inaugural Class Of 132 Creator Recipients
  64. MrBeast Smashes 50 Million Subs, Though Recent Videos Have Lost A “Ridiculous” Amount Of Money
  65. 100 Thieves Snags AT&T Sponsorship, Will Install Branded ‘Valorant’ Team Training Room
  66. Some Uber, Lyft drivers sue over California ballot measure: Lawsuit says Proposition 22 is unconstitutional because it limits right to organize
  67. Sway House Investment Spurs Tinder Founder Sean Rad To Seed $1 Million In ‘Versus Game’ App
  68. Music and Social Media – Times are changing for brands on TikTok
  69. TikTok Launches 3-Month Incubation Program For Black Creators
  70. TikTok Breakout Noah Beck Lands Reality Series At AwesomenessTV
  71. Context is key: ASA dismisses complaint against a Laphroaig whisky ad accused of linking alcohol with sexual activity
  72. After corporate blunders and setbacks, Intel ousts CEO Bob Swan
  73. Qualcomm will acquire chip company founded by Apple execs for $1.4 billion
  74. Nvidia’s next laptop GPU generation powers a leap to 1440p displays
  75. Nvidia’s takeover of Arm is being investigated by UK competition authorities
  76. UK competition regulator to investigate Nvidia’s takeover of Arm
  77. 2H 2020 Quick Links, Part 5 (Contracts, E-Commerce, Defamation, Censorship, & More) (Eric Goldman)

A.I.

  1. UKIPO patent guidance updated for DABUS judgment
  2. Landmark artificial intelligence legislation becomes law
  3. Eye on AI
  4. An interview with Covington & Burling discussing artificial intelligence in the United States
  5. New York City proposes regulating algorithms used in hiring
  6. AI Update: Provisions in the National Defense Authorization Act Signal the Importance of AI to American Competitiveness
  7. Why Big Tech Wants Your Body
  8. Remember Sony’s electric car from CES? Now it’s being road-tested
  9. Tesla’s main self-driving rival isn’t Google—it’s Intel’s Mobileye
  10. FRB Governor Promotes Financial Inclusion through AI
  11. One piece of optical hardware performs massively parallel AI calculations 

COMMUNICATIONS

  1. Ajit Pai offers mild criticism of Trump incitement, drops Section 230 plan
  2. In His Last Two Weeks, Ajit Pai Finally Finds A Backbone And Refuses To Move Forward With Trump’s Ridiculous 230 Attack
  3. Reminder – 2021 Will Include Some Off-Year Elections for State and Local Office – and FCC Political Broadcasting Rules Do Apply
  4. Big Telecom Wants A Cookie For Pausing PAC Donations After Hoovering Up Billions In Trump Favors
  5. AT&T kills off the failed TV service formerly known as DirecTV Now
  6. AT&T Is Restoring Its Bullshit Broadband Caps Because Apparently The COVID Crisis Is Over
  7. Jared Mauch didn’t have good broadband—so he built his own fiber ISP
  8. 6G Hype Is Already Getting Stupid, When 5G Hype Hasn’t Even Finished Disappointing Us Yet 
  9. A Few Reminders Before The Tired Net Neutrality Debate Is Rekindled
  10. Report: Tencent and Alibaba may get blacklisted by the Trump administration
  11. Radio, Radio: FM Radio Licenses Soon to be Available to Educational Institutions 
  12. Canada’s Anti-Spam Legislation – Legal compliance reminder for mobile app industry 
  13. Canada’s Anti-Spam Legislation – 2020 Year in Review

INTELLECTUAL PROPERTY

  1. Eleventh Circuit Says Netflix Series Does Not Infringe Copyrighted Memoir
  2. Ninth Circuit Holds Dr. Seuss-Star Trek Mashup an Infringement, Not a Parody
  3. This Mashup Is Not a Place You’ll Go – Seuss Copyright Will ‘Live Long and Prosper’
  4. Copyright Troll Richard Liebowitz Helps Protect Free Speech & Fair Use By Losing Yet Another Case
  5. Dickinson v. Ryan Seacrest Enterprises, Inc. (USCA, Ninth Circuit, Dec. 21, 2020): Dismissal of claims by Janice Dickinson over allegedly false portrayal of her in reality television series. 
  6. Copyright Royalty Board Announces SoundExchange Audits of Royalty Payments for Webcasters (Including Broadcast Simulcasts) and Other Digital Music Services
  7. Digital Collections: Reflections on copyright 
  8. Copyright Office Begins Review of Changes in Satellite Television Statutory License for Carriage of Local Television Stations
  9. Is 2021 the year for artists to sell their music catalogues? 
  10. Art law – Recent developments January 2021 
  11. Use My Likeness? Over My Dead Body! 
  12. Canadian Madrid Applications: Practice Note for Foreign Agents 
  13. Trademark litigation: a global guide 2021 – Canada 
  14. Louisville Courier-Journal Wins ‘Derby Pie’ Trademark Dispute
  15. USPTO v Booking.com: Whether a “.com” can transform a generic mark into a registrable trademark under the Lanham Act 
  16. The Trademark Modernization Act Establishes New Trademark Cancellation Procedures 
  17. United States: Key considerations in parallel criminal and civil trade secrets cases 
  18. Ten Trade Secret Resolutions to Keep for 2021 and Beyond 
  19. Court Rejects Attempt to “Stretch” Patent Claim Language 
  20. Watch What You Say! Prosecution History Estoppel in Canada 
  21. Election Ballot Verification – A Patent Subject Matter Eligibility Analysis 
  22. Patent Owner’s ex parte communications with members of Congress, the president, and PTAB APJs are sanctionable and the Board may craft its own reasonable sanctions 
  23. Patent protection in the time of COVID-19
  24. Why standard essential patents are now essential to you
  25. The Right to Repair in Massachusetts Rolls Forward 
  26. Not Patent Misuse to License U.S. Patents in Foreign Jurisdictions for “Administrative Convenience” 
  27. 10 Patent Prosecution, Litigation Practice Trends From 2020 
  28. What Was Old Is New Again In IP Litigation — Thanks To Suspected Russian State-Sponsored Hack
  29. What Were the Top Intellectual Property Stories in 2020? 
  30. Cloud computing: overview of IP issues
  31. The EU / UK Trade Agreement: Three myths busted – Intellectual property

PRIVACY

  1. Trends to watch in 2021 – Privacy: issues in a hyper-connected world
  2. Privacy and Our New Virtual World
  3. Internet-Connected Chastity Cages Hit By Bitcoin Ransom Hack
  4. DOJ, US Court System Latest To Announce They’re Victims Of The Massive Solarwinds Hack
  5. Proactive Steps to Address the Issues Raised after Cyberattack on U.S. Federal Judiciary’s Electronic Filing System
  6. The SolarWinds hack is stunning. Here’s what should be done
  7. FTC Settles With Photo App Over Use of Facial Recognition Technology
  8. New York and Others Settle with CafePress Over 2019 Data Breach
  9. Cops Love Body Camera Footage… When It Clears Officers Of Any Wrongdoing
  10. Fifth Circuit Tosses Child Porn Conviction Predicated On Unconstitutional Searches Of Three Cellphones
  11. Five Key Developments in the Privacy and Data Security Sector in 2020 and Five Predictions for 2021

GAMES

  1. ESA suspends political contributions after assault on U.S. Capitol
  2. ESA PAC to pause political contributions following insurrection at US Capitol
  3. Twitch suspends Trump account following insurrection at US Capitol
  4. Updated: Twitch, Discord suspend Trump-related accounts after Capitol assault
  5. Twitch removes popular emote after pro player’s support for Capitol Hill mob
  6. Twitch pulls Pogchamp emote over link to Capitol siege supporter
  7. Twitch removes PogChamp emote it says was “the face of… further violence”
  8. Riot and Bungie file lawsuit against Destiny 2 and Valorant cheat-maker 
  9. Riot Games and Bungie file joint lawsuit against cheatmakers
  10. Koei Tecmo says it will sue over bootleg Dead or Alive video
  11. Dangen Entertainment settles dispute with Protoculture Games
  12. Nintendo Appears To Be Using A Fan-Made Drawing Of Mario Without Artist’s Permission Or Credit
  13. Legal risks and implications of hyper-realistic videogames
  14. CD Projekt apologizes again for Cyberpunk 2077 on consoles
  15. CD Projekt faces scrutiny from consumer protection org over Cyberpunk 2077
  16. CDPR CEO blames “in-game streaming” for Cyberpunk’s console problems
  17. CD Projekt leadership vows no ‘obligatory overtime’ during Cyberpunk 2077 fixes
  18. Polish competition watchdog investigating Cyberpunk 2077
  19. Capcom confirms at least 16,000 people affected by Nov. data breach
  20. Personal information of 16,415 people compromised during Capcom security breach
  21. Capcom security breach compromised personal data of 16,415 people
  22. Take-Two officially ends pursuit of Codemasters following EA offer
  23. Take-Two withdraws bid for Codemasters following EA offer of $1.2bn
  24. Wolfenstein 3D + Super Monkey Ball = free Nazi-flattening fun!
  25. Payload Studios launches incubator for underrepresented developers
  26. FTC wary of Apple and Google “squeezing developers”
  27. The FTC slams Tapjoy over deceptive ads, pledges to keep ‘gatekeeping giants’ in check
  28. FTC Settles With Mobile-Game Platform for Misleading In-Game Advertisements
  29. FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information
  30. Federal Trade Commission orders Tapjoy to better police fraudulent advertising
  31. Peter Moore: FIFA Ultimate Team is a “long way” from gambling
  32. EA’s hold over Star Wars games ends with Ubisoft’s open-world announcement
  33. Lucasfilm Games taps Ubisoft Massive to create new open-world Star Wars title
  34. Lucasfilm re-establishes Lucasfilm Games as home for all its gaming titles
  35. Star Wars games are now housed under a revived Lucasfilm Games brand
  36. Disney brings back the Lucasfilm Games brand for future Star Wars titles
  37. Bethesda lands Indiana Jones license
  38. Bethesda, Lucasfilm tease new Indiana Jones video game
  39. Lucasfilm and Ubisoft partner on Star Wars game
  40. GameStop holiday sales down 3.1% in 2020
  41. GameStop: Fewer stores, ‘industry-wide decline’, supply woes led to holiday sales slide
  42. N95 masks, gamer style: Razer’s crazy face-mask prototype revealed
  43. Video Games & the Novel (Eric Hayot)
  44. Video games have replaced music as the most important aspect of youth culture
  45. Forget power fantasies: pandemic-era players crave companionship | Opinion
  46. What will a post-pandemic games industry look like? | This Week in Business
  47. Tencent confirms 1m Nintendo Switch shipments in China
  48. Amazon’s 2020 gaming best-sellers again led by gift cards, Switch games
  49. Nintendo Switch dominates Top Ten as lockdown boosts game sales | UK Boxed Charts
  50. 43 million games sold in the UK in 2020 | UK Annual Report
  51. Number of mobile gamers increased 50% in the UK due to COVID-19
  52. Core gamers generated 66% of mobile revenues in 2020
  53. Newzoo sees mobile marketing upheaval in 2021
  54. Nerts! is the free, pleasant six-player card game we could all use right now
  55. GameFly introduces movies-only subscription
  56. Tilting Point signs $10 million publishing deal with South Korean dev Storytaco
  57. Best Fiends publisher Playtika launches $1.6B IPO
  58. Playtika launches IPO, looks to raise as much as $1.6b
  59. Roblox to go public through direct listing, not IPO
  60. Roblox secures fresh $520 million investment, outlines plans for direct listing
  61. Turtle Beach acquires Neat Microphones
  62. Epic acquires Rad Game Tools
  63. Steam saw 21% more games sold in 2020
  64. Over 8 million demos played during 2020’s Steam Festivals (and other nifty Steam stats)
  65. How did Rust make $1 million in Steam revenue in a day – twice?
  66. Genvid targets “a huge opportunity for game developers” with Rival Peak
  67. The future is digital — right?
  68. What does 2021 hold for the African games industry?
  69. What I learned playing 30+ years’ worth of Jeopardy! video games
  70. Handheld hardships | 10 Years Ago This Month
  71. Twitter says gaming posts up 75% in 2020
  72. Streamer TheGrefg breaks Twitch peak concurrent viewership records
  73. Twitch, Facebook see best months for viewership yet in December
  74. Dolphin Entertainment acquires esports and game PR agency B/HI
  75. B/HI acquired by Dolphin Entertainment
  76. Financing in the Esports sector
  77. Oculus Quest 2 players make up nearly half of Rec Room’s 1 million VR-using MAUs
  78. Making Chestnut Grove (a game set in the pandemic) during the pandemic
  79. Blog: Deconstructing the product strategy of PC Building Simulator
  80. Blog: Have video games become products like any other?
  81. Blog: Studying physical elements of play 
  82. Blog: How many currencies should my game have?
  83. Blog: How studios can prevent unauthorized spending in games
  84. Don’t Miss: The challenges BioWare faced designing Mass Effect 3
  85. Don’t Miss: A 2014 Lucasfilm Games postmortem, told by those who lived it
  86. Don’t Miss: Leveraging physical animation to sell Force powers in Star Wars Jedi: Fallen Order
  87. Video: The appeal of ‘legacy’ board games
  88. GI 100 | Game Changers

Jon

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News of the Week; January 6, 2021

By Jon Festinger on January 17, 2021

DIGITAL

  1. Bucking Trump, NSA and FBI say Russia was “likely” behind SolarWinds hack
  2. DoJ says SolarWinds hackers breached its Office 365 system and read email
  3. Pro-Trump reporter gloats over access to fleeing Hill staffer’s computer
  4. Court says Uber can’t hold users to terms they probably didn’t read
  5. Ticketmaster admits it hacked rival company before it went out of business
  6. Laura Loomer Loses Another Lawsuit Related to Her Twitter Ban–Illoominate v. CAIR (Eric Goldman)
  7. Defamation Law Can Slow the Plague of Fake News: Challenging falsehoods about voting machines is a good place to start. (Cass Sunstein)
  8. Cass Sunstein’s No Good, Horrible, Very Bad Idea For Using Defamation To Fight ‘Fake News’
  9. Study: Folklore structure reveals how conspiracy theories emerge, fall apart
  10. Women’s victimization by online hate impedes their democratic participation: LEAF
  11. Activist hedge fund advises Intel to outsource CPU manufacturing
  12. Why don’t PCs use error correcting RAM? “Because Intel,” says Linus
  13. 60 Minutes Episode Is Pure Misleading Moral Panic About Section 230; Blames Unrelated Issues On It
  14. Parler, Desperate For Attention, Pretends It Doesn’t Need Section 230
  15. Content Moderation Case Study: Dealing With Controversial & Sexual Fan Fiction (May 2007)
  16. WhatsApp gives users an ultimatum: Share data with Facebook or stop using the app
  17. Google and Facebook Sued for Antitrust Violations in the U.S
  18. Too big not to fail? Google’s antitrust woes
  19. Google employees announce union open to all Alphabet workers
  20. Google employees kick off union membership drive for 120,000 workers
  21. Amazon promises $2B for affordable housing projects near its corporate offices
  22. European Commission Unveils Sweeping Proposals to Regulate the Digital Sector
  23. Regulating the Internet, at Last? The Digital Markets Act and the Digital Services Act
  24. Use of fake identities found deceitful in commercial email — why not elsewhere on the Internet?
  25. UK blocks Assange extradition due to suicide risk, poor US jail conditions
  26. Judge Refuses To Extradite Julian Assange, Citing US Prison Conditions & Assange’s Mental Health
  27. Logan Paul Sued By Production Company Over Fallout From Aokigahara Video
  28. Top 50 Most Viewed US YouTube Channels • Week Of 12/28/2020
  29. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 12/28/2020
  30. Ars Technica’s 2021 Deathwatch—2020 was just the beginning
  31. After Months of Deadlock, Congress Extends Lifeline for the Arts and Entertainment Industry through the Shuttered Venue Operators Grant Program
  32. ASA publishes 12 month review of gender stereotyping rule in advertising
  33. Cryptocurrency stealer for Windows, macOS, and Linux went undetected for a year
  34. United States President’s Working Group on Financial Markets Releases Statement on Regulatory and Supervisory Considerations for Stablecoin Arrangements
  35. Synchronized violin players reveal uniqueness of human networks
  36. Seven Years Ago, CERN Gave Open Access A Huge Boost; Now It’s Doing The Same For Open Data
  37. 2H 2020 Quick Links, Part 4 (FOSTA) (Eric Goldman)

A.I.

  1. House of Lords Committee publishes new report “AI in the UK: No Room for Complacency”
  2. AI Council publishes roadmap for UK AI strategy
  3. When AI goes wrong, how will the courts determine why?
  4. Facial Recognition Technology Involves More Than Meets the Eye
  5. Artificial intelligence and transparency in the public sector
  6. How Smart Software And AI Helped Networks Thrive For Consumers During The Pandemic
  7. Waymo CEO: Building safe driverless cars is harder than rocket science
  8. Birds of a feather flock together, but patterns change with the mission
  9. You can’t unsee Tedlexa, the Internet of Things/AI bear of your nightmares 

COMMUNICATIONS

  1. Broadband Infrastructure Companies Ripe for M&A, Experts Say
  2. Pudding-Brained 5G Conspiracies Somehow Get Even Dumber 
  3. FCC Issues Ruling Limiting Call Volumes Permitted Under TCPA Exemptions
  4. FCC issues voluntary caller id authentication best practices for Voice service providers
  5. FCC Takes A Break From Not Caring About Consumers To Hassle Some Landlords Over Pirate Radio
  6. ViaSat Asks FCC To Investigate Space X For Space Pollution
  7. President Trump Issues Executive Order Banning Transactions Involving Eight Chinese Software Applications
  8. Comcast data cap blasted by lawmakers as it expands into 12 more states
  9. Lawmakers Complain About Comcast’s Bullshit Expanded Usage Caps
  10. Frontier agrees to fiber-network expansion in plan to exit bankruptcy
  11. Last-minute Brexit deal extends free flow of personal data to UK with 6 months

INTELLECTUAL PROPERTY

  1. The Copyright Board Begins 2021 with Less Transparency and More Potentially Dysfunctional Delays
  2. UK Music Rights Group Demands Payment From A Pub That Isn’t Playing Any Music Because It’s Closed Due To COVID
  3. U.S. Amends the Copyright Act to Establish Copyright Small Claims Tribunal 
  4. Why You Should Be Cautious of the New Copyright Small Claims Court
  5. Dr. Seuss Enterprises, L.P. v. ComicMix LLC (USCA, 9th, 12.18.20): Unauthorized Dr. Seuss & Star Trek mash-up “Oh, the Places You’ll Boldly Go!” was not fair use of copyrights because the book did not parody or critique
  6. A New CJEU Judgment on Copyright-Related Geoblocking – One Step Forward or One Step Back in the EU Commission’s Fight Against Geoblocking? (Eric Goldman)
  7. 1925 Was an Annus Mirabilis for Culture
  8. Ferrari‘s Testarossa passes the “Test of Genuine Use” before CJEU 
  9. Battle of the Bentleys: Bentley Motors loses trade mark appeal against Bentley Clothing
  10. USA: 25% Fee hike for Trademark Applications via Madrid Protocol 
  11. US Trademark Modernization Act Provides New Relief to Trademark Owners
  12. Trademark Modernization Act of 2020 – Use It or Lose It 
  13. What to Know About the Trademark Modernization Act of 2020
  14. 2H 2020 Quick Links, Part 3 (Trademarks) (Eric Goldman) 
  15. Battle of the ballet shoes: UK court finds infringement of registered community design
  16. Software and Business Method Patents – How to Improve Your Chances?
  17. Court Interprets Purported Contour Lines in Design Patent Drawings as Claimed Features 
  18. No Simulating Alice Requirements: Application of Abstract Ideas Alone Cannot Transform Patent Ineligible Subject Matter 
  19. Twelve Cannabis Plant Patents and Counting 
  20. Looking for a patent database? Need a little Inspire-ation?
  21. Patent Licensors Can Prevent Challenges to Patent Validity
  22. 2021 Intellectual Property Primer: Cases to Watch this Year 

PRIVACY

  1. Child’s Play: Federal Judge Shuts Down Privacy Litigation Brought Against Tech and Toy Companies Alleging They Violated Kids’ Privacy Rights
  2. Government Users of Facial Recognition Software Sued by Plaintiff Alleging Wrongful Imprisonment Over Case of Mistaken Identity
  3. FBI Warns Assholes Are Now Combining Compromised IoT Devices With Swatting Because That’s The Hell We Now Live In
  4. Telegram feature exposes your precise address to hackers
  5. FTC Focuses on Privacy Practices of Social Media and Video Streaming Companies
  6. FTC’s Confusing Guidance on How Merchants Should Manage Their Consumer Reviews (Eric Goldman)
  7. Update on global privacy expectations of Video Teleconferencing companies
  8. Global Privacy Roundup: The World Beyond Europe and California
  9. Data Breach Litigation Without a Data Breach? Not So Fast Walmart Says…
  10. Federal Court Grants Preliminary Approval of First CCPA Settlement
  11. Portland’s Ban on Facial-Recognition Technology Takes Effect
  12. New York Temporarily Bans Facial Recognition Technology in Schools
  13. En Banc First Circuit Will Decide Whether Government Needs a Warrant to Put Pole Camera Outside Your Home
  14. Obscure Analytics Tool Helps Cops Make Sense Of All That Location Data They’re Grabbing Without A Warrant
  15. COVID-19 contact-tracing data is fair game for police, Singapore says
  16. Surprise! Singapore Backtracks On Privacy Pledge And Opens Contact Tracing Data To Police
  17. What the heck is a token, and is it considered personal information in California and Europe?
  18. 10 Areas Of Privacy Law That Look Ripe For Change In 2021

GAMES

  1. The Sinking City returns to stores as legal dispute over publishing rights continues
  2. CD Projekt gearing up for ‘vigorous action’ against investor lawsuit
  3. Apple removes 39,000 games from the App Store in China
  4. Apple removes 39,000 games from China store in biggest single-day takedown
  5. Microsoft calls for Xbox drift lawsuit to be handled by arbitration
  6. Koei Tecmo’s sites offline following cyber attack
  7. Netflix producer, Yoozoo Games CEO Lin Qi dead at 39 amid poisoning probe.
  8. Washington ALJ Rules Video Game Developer’s Attendance at Trade Show Created Substantial Nexus
  9. A closer look at Raw Fury’s publishing contract
  10. Tencent and Huawei resolve revenue share dispute
  11. Minecraft Earth shutting down
  12. Minecraft Earth is going dark at the end of June
  13. Saving video gaming’s source code treasures before it’s too late
  14. The SpongeBob SquarePants effect: Why THQ Nordic is doubling down on licenses
  15. Where do we go from here? Analysts give 2021 predictions
  16. Analysing the major mobile game design and feature trends of 2020
  17. 2020’s most disappointing games, as led by Blizzard’s WarCraft III: Reforged
  18. Quantifying the Xmas day video game sales bump
  19. Call of Duty: Mobile makes $14m in first week in China
  20. Football Manager 2021 has sold over 1 million copies in record time
  21. Animal Crossing: New Horizons ends 2020 at the top | UK Boxed Charts
  22. Fall Guys, Doom and Cyberpunk represent 2020 in Steam’s top earners of the year
  23. Polygon’s 50 most anticipated games of 2021
  24. The SpongeBob SquarePants effect: Why THQ Nordic is doubling down on licenses
  25. Ubisoft’s game subscription service now supports Google Stadia for free.
  26. Sony discontinues all but one PS4 model in Japan
  27. PS4 Pro and most other models discontinued in Japan
  28. Sony Pictures Developing 3 Movies, 7 TV Shows Based On PlayStation Games
  29. Tenet director Christopher Nolan is ‘definitely interested’ in adapting his films into games.
  30. Nintendo’s Power-Up Band—a physical key to Japan’s upcoming Super Nintendo World
  31. Nintendo acquires Next Level Games
  32. Nintendo acquires Luigi’s Mansion 3 developer Next Level Games
  33. Xbox once pitched an acquisition of Nintendo, and was met with laughter
  34. The SpongeBob SquarePants effect: Why THQ Nordic is doubling down on licenses
  35. Niantic acquires community gaming platform Mayhem
  36. Pokemon Go maker Niantic acquires community platform Mayhem
  37. Epic Games acquires shopping mall for new headquarters
  38. Spotify is the first nongaming app on the Epic Games Store, and Epic says it won’t be the last.
  39. Honor of Kings foresees a borderless, mobile future
  40. How Riot Games is gunning for its second big esports with Valorant.
  41. Blog: How I wasted time and money developing a game that earned $30
  42. Blog: Historians discuss Call of Duty: Black Ops Cold War
  43. Blog: An empathy-driven way to design games
  44. Video: Clint Hocking’s 2011 game design keynote
  45. Gamasutra’s Best of 2020: The top 10 game developers of the year

Jon

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News of the Week; December 30, 2020

By Jon Festinger on January 2, 2021

DIGITAL

  1. Ninth Circuit Says Amazon Isn’t “Seller” of Marketplace Items–State Farm v. Amazon (Eric Goldman)
  2. Amazon Acquires Podcast Network Wondery In Reported $300 Million Deal
  3. Amazon still hasn’t fixed its problem with bait-and-switch reviews
  4. European Union Rules: Facebook Hopes Limits on Apple, Too
  5. Facebook Isn’t a Constructive Public Trust–Cameron Atkinson v. Facebook (Eric Goldman)
  6. Chinese Government Sentences Journalist To Four Years In Jail For Reporting On The Spread Of The Coronavirus
  7. Reddit clone Voat, home to hate speech and QAnon, has shut down
  8. Computer repairman suing Twitter for defamation, seeks $500 million
  9. Repair Shop Owner Who Supposedly Had Hunter Biden’s Laptop Sues Twitter For Defamation… Has Lawsuit Tossed The Same Day
  10. Private party app pulled from App Store by Apple
  11. Ushering in a new age of accountability for big tech- UK government response to Online Harms White Paper consultation
  12. EU turns the screw on Big Tech: The Digital Services Act Package
  13. Revamp image rights to fight deepfakes (Andres Guadamuz)
  14. Washington State Attorney General’s Office Announces $65,000 Settlement with Online Retailer for Illegal Online Tobacco Sales
  15. Unimpressed Judge Tosses One Of Devin Nunes’ SLAPP Suits Against The Washington Post
  16. When You Can’t Innovate, You Litigate: Oracle Gleefully Takes Credit For Attacks On Section 230 And Google
  17. House overrides Trump veto, defying demand to repeal Section 230
  18. McConnell introduces bill tying $2K stimulus checks to Section 230 repeal
  19. Mitch McConnell Using Section 230 Repeal As A Poison Pill To Avoid $2k Stimulus Checks
  20. Coalition Of Internet Companies Who Are Decidedly Not ‘Big Tech’ Raise Their Voices About The Importance Of Section 230
  21. Who’s responsible for content posted on the Internet? Section 230, explained
  22. Section 230 Isn’t A Subsidy; It’s A Rule Of Civil Procedure
  23. 2H 2020 Quick Links, Part 2 (Section 230) (Eric Goldman)
  24. Content Moderation Case Study: Profanity Filter Causes Problems At Paleontology Conference (October 2020)
  25. Content Moderation Case Study: Understanding Cultural Context To Detect Satire (2020)
  26. Elsevier Wants To Stop Indian Medics, Students And Academics Accessing Knowledge The Only Way Most Of Them Can Afford: Via Sci-Hub And Libgen
  27. After 2020’s Crucial Role In Our Lives, Social Media Will Face A Far More Critical 2021
  28. Discord Raises $100 Million, Rolls Out Much-Requested Feature Amid Boom In User Acquisition
  29. WW1984 lassos solid box office return, record downloads for HBO Max
  30. TikTokers’ Collaborative ‘Ratatouille’ Musical To Star Wayne Brady, Tituss Burgess, Adam Lambert
  31. Google Is Testing A Search Feature That Exclusively Serves Short Videos From TikTok, Instagram
  32. MrBeast, Jimmy Fallon, MatPat, And More Join YouTube’s NYE Special ‘Hello 2021’
  33. ‘Wonder Woman 1984’ Was Watched By “Nearly Half” Of HBO Max Subscribers On Christmas Day
  34. TikTok Taps Brittany Broski, Lil Yachty To Host Live New Year’s Eve Festivities
  35. Ontario Amends Rules of Civil Procedure to Embrace Virtual Proceedings and Electronic Processes
  36. All I want for Christmas is an awesome new curriculum
  37. Divers recover a WWII Enigma Machine from the Baltic Sea

A.I.

  1. Google develops an AI that can learn both chess and Pac-Man
  2. House of Lords Committee publishes new report “AI in the UK: No Room for Complacency”
  3. Facial Recognition Helps New Jersey Cops Jail The Wrong Man For Ten Days
  4. 2020 In Review: An AI Roundup
  5. Why AI is so power-hungry

COMMUNICATIONS

  1. FCC Seeks Input on FM Booster “Zonecasting” Proposal 
  2. FCC Threatens Large Fines Against Landlords Who Allow Pirate Radio Broadcasts on Their Property 
  3. Congress Appropriates $7 Billion to Fund Broadband Initiatives
  4. Impact of Section 889’s Telecommunications and Video Surveillance Equipment Prohibitions on Federal Grant and Loan Recipients
  5. Verizon’s Latest 5G Innovation: A 5G ‘DSS’ Network That’s Slower Than 4G
  6. Comcast’s Pandemic Price Hike Bonanza Continues
  7. FAA finally sets rules for piloting small drones

INTELLECTUAL PROPERTY

  1. Ninth Circuit Provides Holiday Win to Copyright Owners with Fair Use Decision
  2. Neoprene Tote Bags: Watertight Not Copyright
  3. Corellium notches partial victory in Apple iOS copyright case 
  4. The Man With The Tiger Tattoo Prances Forward*
  5. Copyright Claims Board To Be Established; Criminal Streaming Law 
  6. Substantial similarity in copyright: It matters where you sue
  7. EUIPO report on online copyright infringement of film, TV and music – so what’s popular?
  8. 2H 2020 Quick Links, Part 1 (Copyright) (Eric Goldman)
  9. US Trademark and Copyright Reforms Accompany COVID-19 Relief 
  10. A brand story: Santa and Coca-Cola 
  11. Girl Scouts Continuing To Fight Boy Scouts Of America Over Trademarks, Branding 
  12. Congress Passes the Trademark Modernization Act
  13. Avoid New Trademark Email Scams
  14. Brexit – Are you prepared? Pending UK Trade Mark proceedings: 3 key points to remember 
  15. UDRP: hydroquébec.com 
  16. Design disputes: combatting copycats with a collection of IP rights – Freddy SPA v Hugz Clothing Ltd 
  17. Snapshot: procedure for design registration in USA
  18. Quebec Court finds price and revenue calculation provisions of amended PMPRB Regulations unconstitutional 
  19. Federal Circuit Finds Video Signal Conversion Claims Patent Ineligible 
  20. Senators Tell The USPTO To Remove The Arbitrary Obstacles Preventing Inventors (Especially Women Inventors) From Getting Patents 
  21. Why Everyone Is Patenting Software Inventions 
  22. Inventions behind the music: From Eddie Van Halen to Michael Jackson and beyond 
  23. Towards a Better Patent System for Europe: The Unified Patent Court (UPC)
  24. Chinese Court Rules that It Can Set Patent License Terms outside China 
  25. The Wuhan Submarine surfaces at Christmas, to be met by a Texan TRO
  26. Lewis Hamilton’s IP struggles highlight some important issues
  27. Cloud computing: A brief overview of intellectual property issues “in the cloud” 

PRIVACY

  1. Responding to the SolarWinds Breach: Compliance and Oversight Considerations
  2. ICO issues statement on potential data breaches resulting from the recent SolarWinds Orion cyber-attack
  3. United Kingdom: Information Commissioner’s Office (ICO) issues statement on SolarWinds Orion compromise
  4. Five Things to Do in Response to SolarWinds Compromise
  5. Marriott and BA fined a combined £38.4m for data security failures
  6. Tweeting Tardy: Twitter fined $500,000 for GDPR breach
  7. Canada: Watch out, GDPR – Canada proposes strict new privacy law framework backed by significant fines
  8. Brexit Deal Keeps EU-UK Data Flows Open as Parties Pursue Mutual Adequacy
  9. The Deal is There! EU-UK Trade Agreement Facilitates Data Transfers
  10. Brexit Deal Copied And Pasted Recommendations For Netscape, Outdated Encryption
  11. How your digital trails wind up in the hands of the police
  12. How Sweepstakes Compliance Can Save Your Reputation
  13. Can a litigant use an access request as a means of obtaining quasi-discovery?
  14. Still Not ‘Going Dark:’ Device Encryption Still Contains Plenty Of Exploitable Flaws
  15. 2020 had its share of memorable hacks and breaches. Here are the top 10
  16. The decade-long quest to stop “Spamford” Wallace

GAMES

  1. CD Projekt Red investors sue company over Cyberpunk 2077 debacle
  2. Apple reportedly warns devs of more app takedowns in Chinese App Store
  3. What makes for a good game publishing contract?
  4. Nier: Automata surpasses 5 million shipped
  5. Steam’s end of year bonanza gets ‘experimental’
  6. Blackstone makes big investment in mobile ad firm Liftoff
  7. Parents Who Gift Quest 2 to Kids Under 13 Years Old are in for an Unfortunate Surprise
  8. Games of the Year 2020 | Xbox Game Pass
  9. Moving Out | Games of the Year 2020
  10. Gamasutra’s Best of 2020: Kris Graft’s top 5 games (+1)
  11. Gamasutra’s Best of 2020: The top 10 games of the year

Jon

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News of the Week; December 23, 2020

By Jon Festinger on December 26, 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

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