Virtual Legality

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Activision Blizzard never stays out of the news for long, but this time it's the publisher that is bringing the legal action against cheat merchants EngineOwning.

Is it a slam dunk, or is the answer more complex than it might first appear?

Dredd it, run from it, the Law still arrives...in Virtual Legality.

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

#Activision #Cheats #Lawsuit

***

SUPPORT THE CHANNEL

PATREON - https://www.patreon.com/VirtualLegality

STREAMLABS - https://streamlabs.com/richardhoeg

STORE - https://teespring.com/stores/hoeg-law-store

***

CHAPTERS

00:00 Introduction

03:52 The Lawsuit (Overview)

14:04 Establishing Jurisdiction

16:39 The Facts Alleged

22:00 Revenge of the DMCA

23:14 Interfering with Contracts (Unfair Competition)

31:35 Enforcing Judgment Abroad

33:25 Conclusion

***

Discussed in this episode:

"Activision files lawsuit against notable cheat provider EngineOwning"

CharlieIntel - January 4, 2022

https://charlieintel.com/activision-sues-warzone-cheat-provider-engineowning/155447/

Activision vs EngineOwning

Filed January 4, 2022

https://s3.documentcloud.org/documents/21173574/activision-publishing-v-engineowning-ug.pdf

"Circumvention of copyright protection systems"

17 USC 1201

https://www.law.cornell.edu/uscode/text/17/1201

"Civil remedies"

17 USC 1203

https://www.law.cornell.edu/uscode/text/17/1203

"Intentional Interference With Contractual Relations - Essential Factual Elements"

CA Form Jury Instructions

https://www.justia.com/trials-litigation/docs/caci/2200/2201/

"Will Your U.S. Judgment Be Enforced Abroad?"

Harris Bricken Website - July 22, 2020

https://harrisbricken.com/blog/will-your-u-s-judgment-be-enforced-abroad/

***

"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).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:

https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

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.

***

Twitter: @hoeglaw

Web: hoeglaw.com

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(0:00) Introduction

(3:52) The Lawsuit (Overview)

(14:04) Establishing Jurisdiction

(16:39) The Facts Alleged

(22:00) Revenge of the DMCA

(23:14) Interfering with Contracts (Unfair Competition)

(31:35) Enforcing Judgment Abroad

(33:25) Conclusion

Before Activision, California's Department of Fair Employment and Housing (DFEH) successfully stopped a private class action brought against Riot Games (League of Legends), from settling for a "mere" $10M.

Now, the DFEH and California's Division of Labor Standards Enforcement (DLSE) have realized a great victory from such efforts, as the game maker has agreed to settle instead for 10x that amount (as well as three years of additional agency scrutiny).

But what may be even more interesting is that it all takes place in the shadow of a pending federal settlement for Activision Blizzard.

They may be different cases, but they are not "leagues" apart...in Virtual Legality.

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

#Riot #California #Activision

***

SUPPORT THE CHANNEL

PATREON - https://www.patreon.com/VirtualLegality

STREAMLABS - https://streamlabs.com/richardhoeg

STORE - https://teespring.com/stores/hoeg-law-store

***

CHAPTERS

00:00 Introduction

02:22 The Kotaku Article

06:53 A Private Action

09:11 California Intervenes

15:24 Riot's $100M Settlement (Washington Post)

24:10 Settlement Terms (Echoes of Activision)

31:53 Conclusion

***

Discussed in this episode:

"BREAKING NEWS..."

Twitter Thread - December 27, 2021 - Shannon Liao

https://twitter.com/Shannon_Liao/status/1475663471530455044

"Activision Under Fire: A Legal View"

YouTube Playlist - Hoeg Law

https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ

"Inside The Culture Of Sexism At Riot Games"

Kotaku - August 7, 2018

https://kotaku.com/inside-the-culture-of-sexism-at-riot-games-1828165483

"THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004"

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=2.&title=&part=13.&chapter=&article=

"Women suing Riot Games may deserve $400 million, not $10 million, state regulator says"

LA Times - January 21, 2020

https://www.latimes.com/business/technology/story/2020-01-21/riot-games-gender-discrimination-settlement

"DFEH Files Request for Enforcement of Court Order Compelling Riot Games, Inc. to Send Notice to Workers about their Right to Speak with the Government"

https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2021/08/Riot_PR2021-08-16.pdf

DFEH Notices

https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2021/08/Notice-of-Worker-Rights-DFEH-v.-Riot-Games-Inc..pdf

https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2021/02/RIOTGamesNotice.pdf

"Riot Games Gets Go-Ahead to Talk Settlement in Gender Bias Suit"

Bloomberg Law - October 1, 2021

https://news.bloomberglaw.com/daily-labor-report/riot-games-gets-go-ahead-to-talk-settlement-in-gender-bias-suit

"Riot Games agrees to pay $100 million in settlement of class-action gender discrimination lawsuit"

Washington Post - December 27, 2021

https://www.washingtonpost.com/video-games/2021/12/27/riot-discrimination-100-million-settlement/

"Riot Games, Inc. Agrees to $100 Million Settlement and Systemic Reforms to Resolve Allegations of Workplace Sex Discrimination and Harassment"

DFEH Press Release - December 27. 2021

https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2021/12/RiotGamesPR12.27.21.pdf

***

"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).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:

https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

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.

***

Twitter: @hoeglaw

Web: hoeglaw.com

null

(0:00) Introduction

(2:22) The Kotaku Article

(6:53) A Private Action

(9:11) California Intervenes

(15:24) Riot's $100M Settlement (Washington Post)

(24:10) Settlement Terms (Echoes of Activision)

(31:53) Conclusion

I'm always enthused about helping folks understand the importance of reading contracts, so when Twitter user negaoryx opined on the "fine print" of NZXT's new Partner Program, I thought it a great jumping off point to discuss a few aspects of the modern "contract of adhesion" through a close examination of those program terms.

We're pretty sure "negaoryx" is a pokemon reference, but we just can't be *positive*...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/_d5KM8wfP-E

#Creators #IP #PartnerPrograms

***

SUPPORTING THE CHANNEL

PATREON - https://www.patreon.com/VirtualLegality

STREAMLABS - https://streamlabs.com/richardhoeg

STORE - https://teespring.com/stores/hoeg-law-store

***

CHAPTERS

00:00 Introduction

03:40 The NZXT Partner Program

07:31 Diving into the Program Terms

17:09 Licensing Your Content

29:22 Mandatory Arbitration Issues

33:15 Conclusion

***

Discussed in this episode:

TWEETS AND THREADS

https://twitter.com/negaoryx/status/1473497125744832519

https://twitter.com/dreigo42/status/1473499527411867650

https://twitter.com/NZXT/status/1473348802333396993

NZXT Webpages

https://nzxt.com/about

https://nzxt.com/partner-program?utm_source=twitter&utm_medium=social&utm_campaign=partnerprogram&utm_content=post

https://nzxt.com/auth/postlogin?redirect_to=https://nzxt.com/partner-program/form

***

"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).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:

https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

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.

***

Twitter: @hoeglaw

Web: hoeglaw.com

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(0:00) Introduction

(3:40) The NZXT Partner Program

(7:31) Diving into the Program Terms

(17:09) Licensing Your Content

(29:22) Mandatory Arbitration Issues

(33:15) Conclusion

NFT. Three letters that have gotten more than their share of vitriol in the very recent past, for some good reasons, and for some...not so good. What *could* non-fungible tokens do in the world of video games (and the world at large), and what are they currently doing?

We take a look at the possibilities through the eyes of Ubisoft and their Quartz project, as well as how real artists are dealing with infringement claims and DMCA requirements at NFT marketplace OpenSea.

I'm pretty sure (but not certain) that we're non-fungible...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/8XYQsBm9ATw

#NFT #OpenSea #Ubisoft

***

SUPPORT THE CHANNEL

PATREON - https://www.patreon.com/VirtualLegality

STREAMLABS - https://streamlabs.com/richardhoeg

STORE - https://teespring.com/stores/hoeg-law-store

***

CHAPTERS

00:00 Introduction

01:35 Ubisoft's Vision of the Future

06:56 Ubisoft's Reality of the Present (Quartz and Digits)

18:05 Securities Law Issues

23:04 Negative Reactions Abound

27:11 The Problem of Infringement (OpenSea)

34:05 Understanding the DMCA

42:45 Conclusion

***

Discussed in this episode:

"The Non-Fungible Token Bible: Everything you need to know about NFTs"

OpenSea Blog - January 10, 2020

https://opensea.io/blog/guides/non-fungible-tokens/

Ubisoft Sites

https://news.ubisoft.com/en-us/article/kujZ0Njdh6cojf6rzlEN0/ubisofts-vision-for-blockchain

https://quartz.ubisoft.com/dashboard

https://legal.ubi.com/ubisoftquartzterms/en-US

"Framework for “Investment Contract” Analysis of Digital Assets"

SEC Website

https://www.sec.gov/corpfin/framework-investment-contract-analysis-digital-assets

NFT Reactions

https://kotaku.com/ubisofts-nft-announcement-has-been-intensely-disliked-1848182203

https://kotaku.com/ubisoft-devs-don-t-understand-company-s-nft-push-eithe-1848215633

https://arstechnica.com/gaming/2021/12/s-t-a-l-k-e-r-2-developer-quickly-cancels-nft-plans-after-fan-outcry/

Hoeg Tweets

https://twitter.com/HoegLaw/status/1468276678388506633

https://twitter.com/HoegLaw/status/1468712259186794499

"Building an open digital economy"

Open Sea Website

https://opensea.io/about

OpenSea Takedown Threads (Twitter)

https://twitter.com/CirenSong/status/1472502128467972102

https://twitter.com/NFTtheft/status/1471640210588852227

"Limitations on liability relating to material online"

17 USC 512 (DMCA)

https://www.law.cornell.edu/uscode/text/17/512

Designated Agent (OpenSea)

https://dmca.copyright.gov/osp/publish/history.html?search=OpenSea&id=e30495e1a260356f63b30abd98dedfc8

***

"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).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:

https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

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.

***

Twitter: @hoeglaw

Web: hoeglaw.com

null

(0:00) Introduction

(1:35) Ubisoft's Vision of the Future

(6:56) Ubisoft's Reality of the Present (Quartz and Digits)

(18:05) Securities Law Issues

(23:04) Negative Reactions Abound

(27:11) The Problem of Infringement (OpenSea)

(34:05) Understanding the DMCA

(42:45) Conclusion

It's that time of year again. Tom Hoeg, long thought lost to the underbelly of the gaming industry, has awoken, and just in time for him to explain to me how the many entries on my Top Ten Games of the Year are either completely or mostly wrong.

THABTO is back and here to celebrate the year that was gaming in 2021!

***

Please consider supporting the channel below!

PATREON - https://www.patreon.com/VirtualLegality

STREAMLABS - https://streamlabs.com/richardhoeg

STORE - https://teespring.com/stores/hoeg-law...

***

"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).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:

https://www.youtube.com/playlist?list...

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.

***

Twitter: @hoeglaw

Web: hoeglaw.com