Virtual Legality

When the venerable GamesIndustryBiz makes a claim that 79% of all the games at E3 2019 are "violent", it's certain to raise a few eyebrows.

But what is violence to some, may be something significantly different to others.

With Lego Star Wars, Mario Maker 2, and Luigi's Mansion 3 on one side and Madden and The Sinking City on the other, is it perhaps the study itself that is committing violence...to language?

Find out why it's always important to read the fine print...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/ZdhNncoJD04

#Violence #E3 #VirtualLegality

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Discussed in this episode:

"Only 21% of E3 games are non-violent"

GamesIndustryBiz - June 13, 2019 - James Batchelor

(https://www.gamesindustry.biz/articles/2019-06-13-only-21-percent-of-e3-games-are-non-violent)

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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)

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"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

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.

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)

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With Shenmue 3 becoming the latest in a long line of Epic Games Store exclusives, some original Kickstarter backers are crying foul. But do they have a legal leg to stand on?

What promises did Shenmue developer Ys Net make in its original Kickstarter campaign?

How could communications later made with backers affect those promises?

What do the Kickstarter terms and conditions have to do with it, and what do they say?

And how do the current Kickstarter terms make things so difficult for backers, even more than earlier versions of the very same terms?

You don't have to read our terms and conditions in...Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/ZTcQXOQ1AmE

#Shenmue3 #Kickstarter #VirtualLegality

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Discussed in this episode:

"Some Shenmue III Kickstarter backers want refunds because it’s an Epic Games Store exclusive"

The Verge - June 10, 2019 - Adi Robertson

(https://www.theverge.com/2019/6/10/18660126/shenmue-3-epic-games-store-exclusive-backers-angry-steam-key-refund-request-e3-2019)

"Best look at this Shemue 3 Steam page quickly, because it's about to be deleted/edited"

Tweet - June 10, 2019 - Lewie Procter

(https://twitter.com/LewieP/status/1138148018006503425)

Shenmue 3 Campaign Page

Kickstarter

(https://www.kickstarter.com/projects/ysnet/shenmue-3/description)

Kickstarter Terms of Use

Updated May 25, 2018

(https://www.kickstarter.com/terms-of-use)

Kickstarter Terms of Use

Updated October 19, 2014

(https://www.kickstarter.com/terms-of-use/sept2014)

Kickstarter Terms of Use

Updated October 2012

(https://www.kickstarter.com/terms-of-use/oct2012)

***

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) Intro

(2:50) Steam Keys

(7:27) Analyzing the Kickstarter

(12:18) Kickstarter Terms and Conditions

(14:28) Kickstarter Payment Terms

(21:52) Kickstarter 2012 Terms

(24:51) Conclusion

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(0:00) Opening

(9:26) Community Guidelines

(11:17) New York Times Article

(13:26) Removing Violative Content

(19:39) Limit Recommendations of Borderline Content and Harmful Misinformation

(23:48) Google Is Facing an Imminent Antitrust Investigation from the Us Justice Department

(25:37) Continuing To Reward Trusted Creators and Enforcing Our Monetization Policies

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(0:00) Opening

(6:42) Braid

(7:21) The Witness

(21:12) Days Gone

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/g7fuX6yszvk

#Hoeg #TwoHoegs #THABTO

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In this episode:

0:50 - Introduction

14:00 - Design Documents (What are you playing?)

*** 14:30 - Conan Unconquered

*** 24:08 - Outer Wilds

*** 33:19 - Void Bastards

*** 49:25 - Oculus Quest

1:03:20 - E3: Experiences, Expectations, and Examinations (Greg Miller and Andrea Rene)

1:29:34 - Culture Corner: It's Good to Be Bad

1:43:00 - Next on the Horizon

As referenced:

"Memories of Myst - Easy Allies"

(https://youtu.be/gJATcQDxKfs)

***

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

On May 28, 2019, Iron Maiden Holdings Limited, holding company for the intellectual property of rock band Iron Maiden, filed a lawsuit against 3DRealms Entertainment for trademark infringement in the promotion and sale of its video game, "Ion Maiden".

But what is the basis for the claim?

What are trademarks, their purpose, and what does it mean to infringe upon them?

How important is the coloration and font of the "Ion Maiden" logo, Google search results, forum posts, or the fact that Iron Maiden does actually lend its name to a presently available video game?

Why is trademark litigation so difficult to predict?

And why is the $2M being thrown around almost certain to be different from any final damage amount actually awarded in the case?

Run to the hills... it's Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/LWXx9DXZXBY

#IronMaiden #IonMaiden #VirtualLegality

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Discussed in this episode:

"Iron Maiden files $2 million suit against 3D Realms over Ion Maiden Video Game"

GameDailyBiz - May 30, 2019 - Mike Futter

(https://gamedaily.biz/article/909/iron-maiden-files-2-million-suit-against-3d-realms-over-ion-maiden-video-game)

"Trademark, Patent, or Copyright?"

US Patent and Trademark Office (USPTO) website

(https://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright)

"About Trademark Infringement"

USPTO website

(https://www.uspto.gov/page/about-trademark-infringement)

"IRON MAIDEN HOLDINGS LIMITED V 3DREALMS ENTERTAINMENT ApS"

Filed May 28, 2019

(https://www.scribd.com/document/411932483/Ion-Maiden-Lawsuit#from_embed)

"Ion Maiden"

Steam Listing

(https://store.steampowered.com/app/562860/Ion_Maiden/)

"Iron Maiden Website - Drinkware"

(https://666.ironmaiden.com/drinkware)

"Iron Maiden Legacy of The Beast"

Game Website

(https://ironmaidenlegacy.com/#worlds)

"Recovery for violation of rights"

15 U.S. Code § 1117

(https://www.law.cornell.edu/uscode/text/15/1117#)

"Injunctive relief"

15 U.S. Code § 1116

(https://www.law.cornell.edu/uscode/text/15/1116#d)

"1715. TRADEMARK COUNTERFEITING -- REQUIREMENTS FOR A "COUNTERFEIT MARK"

US Department of Justice - Criminal Resource Manual

(https://www.justice.gov/jm/criminal-resource-manual-1715-trademark-counterfeiting-requirements-counterfeit-mark)

***

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