Virtual Legality

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(0:00) Opening

(2:22) Disclaimer

(7:20) Colin Moriarty

(15:25) Promissory Estoppel

Two Hoegs are Better Than One is a freewheeling video and podcast series in which business lawyer Richard Hoeg discusses video games, pop culture, and law with his game developer brother, Tom Hoeg, of High Moon Studios.

Join us and find out if Two Hoegs really are better than one.

CHECK OUT THE VIDEO AT: https://youtu.be/Vg8izTtgLfw

#Hoeg #TwoHoegs #THABTO

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In this episode:

0:13 - Introduction

2:24 - Design Documents (What are you playing?)

*** 3:00 - Wolfenstein: Youngblood

*** 15:40 - Fire Emblem: Three Houses

*** 26:37 - Summer of Switch (FE, Marvel Ultimate Alliance 3, Dragon Quest Builders 2)

*** 33:11 - Warframe, Free to Play Economics, and more!

1:12:05 - Nintendo's Joy Con Lawsuit (and other Hardware Horrors)

1:27:02 - Culture Corner: Avengers: Endgame, Spoiler Culture, and Staying Spoiler Free

1:43:23 - Looking Ahead

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Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

Tom has worked in the video game industry for years, including on some of the world's biggest games like Ratchet and Clank, Destiny, and Call of Duty. He is currently working on the latest and greatest additions to the Call of Duty franchise.

ALL VIEWS ESPOUSED BY TOM ARE HIS AND HIS ALONE AND DO NOT REPRESENT THE VIEWS OR POSITIONS OF ACTIVISION, HIGH MOON STUDIOS, OR ANYONE ELSE.

ANY LEGAL DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

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(0:00) Opening

(10:35) The Michigan Gaming Control and Revenue Act

(11:30) California Business and Professions Code

(15:51) Rockstar Games Terms of Service

(18:02) The Rockstar Games End-User License Agreement

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***SPOILER WARNING: All Postmortem videos and podcasts contain SPOILERS***

Think Disney would stop at merely making their live-action remakes live-action? Well think again, because Disney's The Lion King (2019) is out to prove you wrong with some of the best CGI "actors" that money can buy.

What worked in this latest remake and what really didn't?

How impressive are the visuals, especially given how they were created?

Who shines in the new voice cast (and who maybe shines just a bit less)?

And which musical numbers suffer the most in the "ultra realistic" new regime?

Remember who you are. Disney certainly does.

CHECK OUT THE VIDEO AT: https://youtu.be/cK34hIsLHUw

#LionKing #CGI #Remake

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PODCAST VERSIONS AVAILABLE AT

Spotify:

(https://open.spotify.com/show/3qsDhQ7h6BR2wLyNQYDWB4)

iTunes:

(https://itunes.apple.com/us/podcast/virtual-legality/id1448785539?mt=2)

SoundCloud:

(https://soundcloud.com/user-510342404)

Google Play Music:

(https://play.google.com/music/listen#/ps/In3d7qersx72lvzehxo7gu6cd5u)

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

The law firm of Chimicles, Schwartz Kriner & Donaldson-Smith (CSK&D) has brought a lawsuit on behalf of plaintiff Ryan Diaz against Nintendo of America.

The case? Allegations that Joy-Con "drift" issues some Switch users are experiencing were a known manufacturing defect and thus a breach of Nintendo's warranty as well as federal and California law.

What is "drift" and why *might* it be a defect in the manufacture of the Nintendo Switch Joy-Con?

What is the legal basis for the claims made against Nintendo?

How do class actions work, how is a lead plaintiff determined, and how does the strength of his claim reflect upon the class on the whole?

What is Nintendo's warranty policy, and was it really breached if Nintendo repaired and replaced the lead plaintiff's Joy-Con as it promised to do?

And much much more!

Let us know if we drift a bit, here in...Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/YXkbDWFUXLw

#Nintendo #JoyCon #Lawsuit

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Discussed in this episode:

"LAW FIRM OPENS SWITCH JOY-CON DRIFT CLASS ACTION LAWSUIT INVESTIGATION"

GoNintendo - July 18, 2019 - RawMeatCowboy

(https://www.gonintendo.com/stories/340345-law-firm-opens-switch-joy-con-drift-class-action-lawsuit-investig)

"CSK&D FILES CLASS ACTION LAWSUIT AGAINST NINTENDO OF AMERICA, INC. RELATING TO JOY-CON “DRIFTING” ISSUES"

CSK&D Press Release - July 19, 2019

(https://chimicles.com/cskd-files-class-action-lawsuit-against-nintendo-of-america-inc-relating-to-joy-con-drifting-issues/)

Diaz vs Nintendo of America

Class Action Complaint - Filed July 19, 2019

(https://chimicles.com/wp-content/uploads/2019/07/Class-Action-Complaint-Nintendo-Joy-Con.pdf)

"Warranty Coverage"

Nintendo Website

(https://www.nintendo.com/consumer/manuals/warrantyinfo.jsp)

Warranty and Service Information (English)

Nintendo Website

(https://www.nintendo.com/consumer/manuals/warrantytext_eng.jsp)

"Study Shows Consumer Class-Action Lawyers Earn Millions, Clients Little"

Forbes - December 11, 2013 - Daniel Fisher

(https://www.forbes.com/sites/danielfisher/2013/12/11/with-consumer-class-actions-lawyers-are-mostly-paid-to-do-nothing/#550e6ab41472)

WITH MORE HOEG LAW ANALYSIS AT:

"Nintendo faces class action over drifting Joy-Con controllers"

GameDailyBiz - July 19, 2019 - James Brightman

(https://gamedaily.biz/article/1059/nintendo-faces-class-action-over-drifting-joy-con-controllers)

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FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

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(0:00) Opening

(5:07) Class Action Lawsuit against Nintendo

(6:12) Class Action Complaint

(10:32) Jurisdiction and Venue

(16:30) Switch Owners Have Publicly Complained about the Joy Kahn Defect and Drift

(20:57) Violation of the Magnuson Moss Warranty Act

(21:39) Warranty

(21:43) Nintendo Warranty Coverage

(22:37) Limited Hardware and Gaming Accessory Warranties

(23:50) Implied Warranties

(26:25) Did Nintendo Actually Breach Its Warranty

(28:08) Breach of Express Warranty

(29:03) Breach of the Implied Warranty of Merchantability

(29:44) California Law

(32:19) Violations of the California Unfair Competition Law

(32:48) California Warranty Act

"VIRAL APP FACEAPP NOW OWNS ACCESS TO MORE THAN 150 MILLION PEOPLE'S FACES AND NAMES!"

"RUSSIANS NOW OWN ALL YOUR OLD PHOTOS!"

"APP BEHIND VIRAL TREND HAS DISTURBING TERMS AND CONDITIONS!"

"YOU SHOULD READ FACEAPP'S TRULY WILD TERMS OF SERVICE AGREEMENT BEFORE YOU USE IT!"

Breathless headlines aside, on that last point we can certainly agree.

If you are going to submit personal content of any kind, let alone your face, it certainly makes sense to read the contract you are implicitly signing when you do. But that's why you're here!

What do the FaceApp terms and conditions say about what they can do with the photos that you give them?

What do they really need to say given the copyrights each person holds in their own images?

What outwardly scary language really isn't?

And what language really should concern users but is barely being mentioned?

We never lack for breadth in...Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/qHJ9IeRwR3U

#FaceApp #Privacy #VirtualLegality

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Discussed in this episode:

1:25 - "What is FaceApp's AI ageing filter, and how do you use it?"

PocketLint - July 17, 2019 - Cam Bunton

(https://www.pocket-lint.com/apps/news/148702-faceapp-ai-ageing-camera-app)

3:45 - "This is standard in policies where end users are allowed to share..."

Tweet from @MonaIbrahim - July 17, 2019

(https://twitter.com/MonaIbrahim/status/1151463320714485760)

7:06 - "Exclusive rights in copyrighted works"

17 USC 106

(https://www.law.cornell.edu/uscode/text/17/106)

10:52 - Definition of "Adhesion Contract"

Black's Law Dictionary (via enacademic)

(http://blacks_law.enacademic.com/18929/adhesion_contract)

14:00 - FaceApp Terms of Use

Updated as of August 3, 2017

(https://faceapp.com/terms)

23:29 - Instagram Terms of Use

Updated as of April 19, 2018

(https://help.instagram.com/581066165581870)

43:41 - FaceApp Privacy Policy

Updated as of January 20, 2017

(https://www.faceapp.com/privacy)

49:38 - "FaceApp Responds to Privacy Concerns"

TechCrunch - July 17, 2019 - Natasha Lomas

(https://techcrunch.com/2019/07/17/faceapp-responds-to-privacy-concerns/)

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

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(0:00) Opening

(1:25) What is FaceApp's AI ageing filter, and how do you use it?

(3:45) This is standard in policies where end users are allowed to share...

(7:06) Exclusive rights in copyrighted works

(10:52) Definition of "Adhesion Contract"

(14:00) FaceApp Terms of Use

(23:29) Instagram Terms of Use

(43:41) FaceApp Privacy Policy

(49:38) FaceApp Responds to Privacy Concerns

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