Virtual Legality

The disastrous release of CDPR's Cyberpunk 2077 in December 2020 was met with poor messaging, recriminations, and the seemingly inevitable: a class action lawsuit.

But while some wanted to sue the company for a faulty product, the primary legal action was brought by the company's investors who accused CD Projekt of not being honest with the state of the game behind the scenes or how it would be received upon release.

Now, nearly a year after those suits were filed, the game publisher has announced its entrance into a binding settlement term sheet. What does that process look like, and what did the company agree to pay?

At rates like these, perhaps the cyberjuice is worth the cybersqueeze...in Virtual Legality.

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

#Cyberpunk2077 #CDPR #Settlement

***

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***

Discussed in this episode:

"CD Projekt, CDPR, and Cyberpunk 2077: We Have a Reputation to Burn"

YouTube Playlist - Hoeg Law

https://www.youtube.com/playlist?list=PL1zDCgJzZUy8QxfJHOJGH8UsiYOqjwhq3

"CD Projekt Sued Over Alleged Cyberpunk Lies! Let's Read the Lawsuit! (VL379)"

YouTube Video - December 28, 2020 - Hoeg Law

https://youtu.be/_qXytLM4Gv8

Form of CDPR Lawsuit

The Rosen Law Firm

https://www.rosenlegal.com/media/casestudy/2267_Cd%20Projekt%20-%20Complaint%204849-9033-8517%20v.1.pdf

"CD PROJEKT S.A. (OTGLF) CEO Adam Kiciński on Q3 2020 Results - Earnings Call Transcript"

Seeking Alpha Transcript - November 25, 2020

https://seekingalpha.com/article/4391610-cd-projekt-s-otglf-ceo-adam-kicinski-on-q3-2020-results-earnings-call-transcript

"Keanu Reeves denies ever playing Cyberpunk, contrary to CD Projekt claims"

VGC - December 14, 2021

https://www.videogameschronicle.com/news/keanu-reeves-denies-ever-playing-cyberpunk-contrary-to-cd-projekt-claims/

CD Projekt Board Reports

https://www.cdprojekt.com/en/investors/regulatory-announcements/current-report-no-27-2021/

https://www.cdprojekt.com/en/investors/regulatory-announcements/current-report-no-43-2021/

https://www.cdprojekt.com/en/investors/regulatory-announcements/current-report-no-45-2021/

"CD Projekt Red made hundreds of millions on 'Cyberpunk 2077' despite the refunds"

Engadget - April 23, 2021

https://www.engadget.com/cd-projekt-red-cyberpunk-2077-2020-fiscal-year-earnings-040643067.html

***

"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) Intro

(0:31) Cyberpunk 2077

(1:45) Investors Lawsuit

(2:04) Lawsuit Details

(6:06) Management Board Report

(7:33) Settlement Term Sheet

(15:56) Cyberpunk 2077 Hype

(17:33) Support the Channel

(17:44) Final Announcement

(17:57) Top 10 Games of 2020

(18:30) Outro

Final Fantasy XIV Online has dropped its latest expansion, Endwalker, and it is popular. So popular in fact that wait times have proven a topic of controversy for players and Square Enix alike, going so far as to see the game published actually suspend sales of the game going into the holiday season.

Did Square Enix have to make the move legally? And why do I think this one of the more positive gaming news stories of the year?

We make the Endwalker wait times melt away...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/LDX9qefY1bs

#FFXIV #Endwalker #Wait

***

SUPPORT THE CHANNEL

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

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

***

CHAPTERS

00:00 Introduction

01:35 Legality and FF XIV's Terms of Service

17:27 Square Enix Pulls FF XIV Sales and Ads

29:43 Conclusion

***

Discussed in this episode:

"Response to Congestion (as of Dec. 15)"

Final Fantasy XIV News Post - December 15, 2021

https://na.finalfantasyxiv.com/lodestone/news/detail/e7388986bc24d5a1337e0beed057f7b5b78b9bb3

"Got a question for the awesome [Hoeg Law]..."

Twitter Thread - December 15, 2021 - Ginger Prime

https://twitter.com/delmontyb/status/1471201778704297984

WorktoGame Videos

https://www.youtube.com/c/WorkToGameVideos

Final Fantasy XIV User Agreement

Updated - December 24, 2019

https://support.na.square-enix.com/rule.php?id=5382&la=1&tag=users_en

"As a lawyer, I have to say, you can sue anyone for anything..."

Twitter Thread - December 15, 2021 - Dallas

https://twitter.com/Kaslo25/status/1471208276419297280

"Announcing Server Enhancements and the Temporary Suspension of Digital Download Sales (08/28/2013)"

Final Fantasy XIV News Post - August 28, 2013

https://na.finalfantasyxiv.com/lodestone/topics/detail/e3a37c6c1c83ed7fc1e26a7a9d1308da98f95947

***

"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) Legality and FF XIV's Terms of Service

(17:27) Square Enix Pulls FF XIV Sales and Ads

(29:43) Conclusion

California's Department of Fair Employment and Housing (DFEH) tried to stop the US Equal Employment Opportunity Commission (EEOC) from settling with Activision, but the resulting fallout not only sullied the reputations of both agencies, but has also proved to be all for naught.

Wanting something doesn't make it a federal case, as the State of California just found...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/ukwpsMqp5ic

#Activision #California #EEOC

***

SUPPORT THE CHANNEL

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

STREAMLABS - https://streamlabs.com/richardhoeg

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

***

Discussed in this episode:

"Activision Under Fire: A Legal View"

YouTube Playlist - Hoeg Law

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

"Intervention"

Federal Rules of Civil Procedure (FRCP) Rule 24

https://www.law.cornell.edu/rules/frcp/rule_24

Intervention Motion, Consent Decree, and Response

https://www.courtlistener.com/docket/60492502/36/us-equal-employment-opportunity-commission-v-activision-blizzard-inc/

https://investor.activision.com/consent-decree-with-EEOC

https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.35.0.pdf

"Activision Avoids California Bid to Intervene in Settlement "

Bloomberg Law - December 13, 2021

https://news.bloomberglaw.com/us-law-week/activision-judge-denies-california-bid-to-challenge-settlement

***

"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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What do you get when you combine dungeons, dragons, corporate reorganizations, trademark law, acquisition law, crowdfunding, and libel claims? A Collection of Oddities (feat. TSR and Wizards of the Coast).

We read the fine print on fundraising campaigns...in Virtual Legality.

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

#TSR #WOTC #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

02:38 The Indiegogo Campaign

12:48 Wizards Sends Cease and Desist

17:40 The Game Wizards and Cancellation

23:22 An Odd Set of Trademark Applications

26:01 Abandonment and TSR's Lawsuit

38:50 Discretion and More Red Flags

40:58 Conclusion

***

Discussed in this episode:

"TSR, Inc."

Wikipedia Entry

https://en.wikipedia.org/wiki/TSR,_Inc.

"TSR has launched a campaign to stop Wizards of the Coast"

Indiegogo Campaign

https://www.indiegogo.com/projects/support-tsr-against-wizards-of-the-coast#/

https://www.indiegogo.com/projects/support-tsr-against-wizards-of-the-coast#/updates/all

Dungeon Hobby Shop Museum (DHSM) Website

https://tsrmuseum.com/

TSR LLC v. Wizards of the Coast LLC

Court Listener

https://www.courtlistener.com/docket/61599923/1/tsr-llc-v-wizards-of-the-coast-llc/

https://www.courtlistener.com/docket/61599923/1/1/tsr-llc-v-wizards-of-the-coast-llc/

https://www.courtlistener.com/docket/61599923/2/tsr-llc-v-wizards-of-the-coast-llc/

ASSET PURCHASE AGREEMENT (Sample)

https://www.sec.gov/Archives/edgar/data/1538217/000155335018000875/srax_ex10z01.htm

Trademark Filings (Search - https://tsdr.uspto.gov/)

90124839

90124788

90124287

90148524

90148334

90276510

90276506

Cancellation Filings (90124839 Mark)

https://ttabvue.uspto.gov/ttabvue/v?pno=92078589

https://ttabvue.uspto.gov/ttabvue/v?pno=92078589&pty=CAN&eno=1

https://tmep.uspto.gov/RDMS/TFSR/current#/current/sec-be547ab1-b587-4b44-abc6-3ca12e56141d.html

https://tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-1200d1e6468.html

TSR LLC v Wizards of the Coast

Filed December 7, 2021

https://storage.courtlistener.com/recap/gov.uscourts.nced.191410/gov.uscourts.nced.191410.1.0_1.pdf

"What is a trademark?"

USPTO Website

https://www.uspto.gov/trademarks/basics/what-trademark

"Construction and definitions; intent of chapter"

15 USC 1127

https://www.law.cornell.edu/uscode/text/15/1127

Voluntary Dismissal Document

https://www.courtlistener.com/docket/61599923/2/tsr-llc-v-wizards-of-the-coast-llc/

"I am very concerned that the fundraising for this "lawsuit" remains active..."

Tweet - December 11, 2021 - Mike Dunford

https://twitter.com/questauthority/status/1469658733097664519

***

"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

(2:38) The Indiegogo Campaign

(12:48) Wizards Sends Cease and Desist

(17:40) The Game Wizards and Cancellation

(23:22) An Odd Set of Trademark Applications

(26:01) Abandonment and TSR's Lawsuit

(38:50) Discretion and More Red Flags

(40:58) Conclusion

When Activision Blizzard was originally sued by the State of California, many had something to say. But one stood out. Washington-based game developer and creator of Destiny, Bungie, went out of its way to tweet, post, and comment on the fact that it was different. It was better than others in the industry.

But now, IGN has something to say about all of that. Let's take a look.

You always have to watch for the rebound when dealing with a bungie...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/Vupp-ggCg84

#Bungie #IGN #Expose

***

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

00:48 Bungie Jumps Into the Fray

06:34 IGN's Exposé - An Overview

10:04 Dysfunction Junction

13:57 Setting the Narrative

41:20 Assholes All Around

45:36 Severance and Non-Disparagement

50:25 Hostile to Women

57:19 Medical Maladies

1:00:44 Setting the Goalposts

1:04:47 Responding to the Issue

1:08:13 Conclusion

***

Discussed in this episode:

"Bungie is built on empowering our people..."

Twitter Thread - July 22, 2021 - Bungie

https://twitter.com/Bungie/status/1418317046413103109

"Activision's Messaging STRUGGLE (California vs Activision Blizzard) (VL514)"

YouTube Video - July 26, 2021 - Hoeg Law

https://youtu.be/GMHRl5pd-Y4

"DIVERSITY & INCLUSION LEARNINGS AND UPDATES"

Bungie Blog Post - September 29, 2021

https://www.bungie.net/en/News/Article/50746

"The Battle for Bungie's Soul: Inside the Studio's Struggle for a Better Work Culture"

IGN - December 10, 2021

https://www.ign.com/articles/bungie-report-battle-soul-work-culture-harassment-crunch

"A Letter From CEO Bobby Kotick Regarding Progress and Commitments Made at Activision Blizzard"

Activision Blog Post - October 28, 2021

https://investor.activision.com/news-releases/news-release-details/letter-ceo-bobby-kotick-regarding-progress-and-commitments-made

"A MESSAGE FROM BUNGIE CEO PETE PARSONS"

Bungie Blog Post - December 10, 2021

https://www.bungie.net/en/Explore/Detail/News/50895

***

"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

Activision Blizzard has responded to the ABK Workers Alliance (ABetterABK) union drive, and while some would like to imply their response is illegal (or otherwise untoward, it's a fair bit more complicated than that.

Join us for a trip (back) into the National Labor Relations Act, what a card check drive actually is, and how the first amendment protects Activision's management as surely as it protects its employees.

Ray Parker Jr. might not really have known all there was to know about bustin' ...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/LuxwV7eKyBY

#Activision #Union #Busting

***

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

02:09 Activision Responds (Responses to the Response)

06:56 CWA Calls for Neutrality

12:16 IGN and Understanding Illegality

21:06 Analyzing the Response

35:43 Conclusion

***

Discussed in this episode:

"Activision Under Fire: A Legal View"

YouTube Playlist - Hoeg Law

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

"A union busting email..."

Twitter Thread - December 10, 2021 - Jessica Gonzalez

https://twitter.com/BlizzJess/status/1469355495664193536

"It's disappointing to see Activision Blizzard management..."

Twitter Thread - December 10, 2021 - CODE-CWA

https://twitter.com/CODE_CWA/status/1469393776082833417

"NLRB Changes Its Stance Towards Employer-Union Neutrality Agreements"

KMM Website - February 11, 2021

https://www.kmm.com/articles-659.html

"Activision Blizzard Staff Announce Start of New Strike Action [Update]"

IGN - Updated December 10, 2021

https://www.ign.com/articles/activision-blizzard-strike-abk-workers-alliance

NLRA Provisions

https://www.law.cornell.edu/uscode/text/29/157

https://www.law.cornell.edu/uscode/text/29/158

"Interfering with employee rights (Section 7 & 8(a)(1))"

NLRB Website

https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/interfering-with-employee-rights-section-7-8a1

NLRB v. Gissel Packing Co., Inc.,

395 U.S. 575 (1969)

https://supreme.justia.com/cases/federal/us/395/575/

"Your Right to Form a Union"

NLRB Website

https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/your-right-to-form-a-union

CWA Authorizing Card (Form)

https://cwa-union.org/sites/default/files/form_0-100.pdf

"Le Marquis Hotel, LLC - Decision Summary"

CaseText - October 10, 2003

https://casetext.com/analysis/le-marquis-hotel-llc-decision-summary

"Quarterly Update of NLRB and Related Court Decisions January 2007"

Jackson Lewis Website - January 31, 2007

https://www.jacksonlewis.com/resources-publication/quarterly-update-nlrb-and-related-court-decisions-january-2007

***

"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