Virtual Legality

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(0:00) Introduction

(1:13) WB Patents the Nemesis System (and Reaction)

(3:15) Intellectual Property Types

(5:37) Patents in Particular

(7:08) A (brief) Look at the Nemesis Claims

(13:26) Nemesis Weaknesses - Timing

(14:54) Nemesis Weaknesses - Novelty and Obviousness

(23:17) Nemesis Weaknesses - Totality Requirement

(27:01) Conclusion

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(0:00) Introduction

(0:55) Case Overview

(3:37) Establishing Activision's Intent

(7:08) Who is Cade Janus? (Factual Background)

(15:28) A Picture is Worth a Thousand Words

(24:21) The Claims

(28:07) Protecting Fictional Characters

(33:30) On Reproducing Photography

(37:50) Conclusion

Borderlands developer Gearbox has joined the game company acquisition parade, selling to Embracer Group for what some have reported as $1.3B+. But if that number sounds a bit high to you, you're not alone.

Today we turn to the fun-filled world of mergers and acquisitions to talk about merger structure, cash vs stock, and conditional payments (earn-outs). It's going to be a fun one.

Let's dive in.

Earn-outs are really their own kind of magic trick...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/E1KqS4VGqEc

#Gearbox #Embracer #Acquisition

***

HELP 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

00:56 The Headline Price

08:28 Randy Pitchford and Gearbox Independence

14:13 The Embracer Investment Release

21:40 Borderlands and 2K

28:04 Doing the Math (Earn-Outs)

35:31 Conclusion

***

Discussed in this episode:

"Embracer Group acquires Borderlands maker Gearbox Entertainment for $1.3 billion"

VentureBeat - February 2, 2021

https://venturebeat.com/2021/02/02/embracer-group-acquires-borderlands-maker-gearbox-entertainment-for-1-3-billion/

"Embracer Group acquires 12 game studios and a PR firm (updated)"

VentureBeat - November 17, 2021

https://venturebeat.com/2020/11/17/embracer-group-acquires-10-game-studios-and-a-pr-firm/

"EMBRACER GROUP MERGES WITH THE GEARBOX ENTERTAINMENT COMPANY AND FORM A SEVENTH OPERATING GROUP"

Embracer Group Investor Release

https://embracer.com/release/embracer-group-merges-with-the-gearbox-entertainment-company-and-form-a-seventh-operating-group/

"Gearbox says it will continue to work with 2K on Borderlands after its sale"

VGC - February 3, 2021

https://www.videogameschronicle.com/news/gearbox-says-it-will-continue-to-work-with-2k-on-borderlands-after-its-sale/

"A Lawyer Reads...A Game Publishing Agreement! (Part II: Delivery) (VL383)"

YouTube Video - January 7, 2021 - Hoeg Law

https://youtu.be/NQ3fMkm6UJs

"Streamers are right to be concerned about the games industry’s video policies"

VGC - February 2, 2021 - Hoeg Law

https://www.videogameschronicle.com/features/opinion/streamers-are-right-to-be-worried-about-the-games-industrys-video-policies/

***

"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

(0:56) The Headline Price

(8:28) Randy Pitchford and Gearbox Independence

(14:13) The Embracer Investment Release

(21:40) Borderlands and 2K

(28:04) Doing the Math (Earn-Outs)

(35:31) Conclusion

EA Sports is bringing back NCAA Football! Oh, wait. No they're not.

What does the name change actually mean in the context of continuing legal disputes?

How does school licensing work, and why might the NCAA still be skittish about getting involved?

What can the timing of the NCAA's continued foot dragging on the question of name, image, and likeness rights tell us about why this announcement was made?

And...how can we get Denard Robinson on the cover of the new game?

There's at least one venue in which my Wolverines can win...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/-GLjgs2E5gQ

#EASports #CollegeFootball #NCAA

***

HELP 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

01:00 The Announcement

04:13 What's in a Name?

11:00 Why Now and the CLC Press Release

18:42 Name, Image, Likeness and the Legal Landscape

25:58 Conclusion

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Discussed in this episode:

"For those who never stopped believing..."

Tweet - February 2, 2021 - EA Sports

https://twitter.com/EASPORTS/status/1356644353901539342

"NCAA Football (video game series)"

Wikipedia Entry

https://en.wikipedia.org/wiki/NCAA_Football_(video_game_series)

"School plan: EA Sports to do college football"

ESPN - February 2, 2021

https://www.espn.com/college-football/story/_/id/30821045/school-plan-ea-sports-do-college-football

"Collegiate Licensing Company"

Wikipedia Entry

https://en.wikipedia.org/wiki/Collegiate_Licensing_Company

"Everything you need to know about the return of EA Sports' college football video game"

ESPN - February 2, 2021

https://www.espn.com/college-football/story/_/id/30820886/everything-need-know-return-ea-sports-college-football-video-game

"Electronic Arts & CLC to Bring Back College Football Video Games"

Collegiate licensing Company (CLC) Press Release

https://clc.com/electronic-arts-clc-to-bring-back-college-football-video-games/

"MGoRadio 5.8: How to Take a Bath"

MGOBLOG Podcast - November 1, 2019

https://mgoblog.com/content/mgoradio-58-how-take-bath

"Board of Governors starts process to enhance name, image and likeness opportunities"

NCAA News Release - October 29, 2019

https://www.ncaa.org/about/resources/media-center/news/board-governors-starts-process-enhance-name-image-and-likeness-opportunities

"NCAA Council tables long-awaited legislation on name, image, likeness and transfer exemptions"

CBS - January 11, 2021

https://www.cbssports.com/college-football/news/ncaa-council-tables-long-awaited-legislation-on-name-image-likeness-and-transfer-exemptions/

"Bipartisan Name, Image, Likeness Bill Introduced In Congress"

Collegiate and Professional Sports Law Blog

https://www.collegeandprosportslaw.com/uncategorized/bipartisan-name-image-likeness-bill-introduced-in-congress/

College Football Playoff FAQ

https://collegefootballplayoff.com/sports/2016/10/11/faq.aspx

***

"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

(1:40) Overview of the Case

(16:48) Antitrust and Economics

(26:29) Monopoly and Market

(34:57) The Effects of the MFN

(42:38) Claims for Violation of Sherman

(48:15) A Look at Steam and Steam Keys

(54:29) Conclusion

Video game publisher Raw Fury has taken the unusual step of putting its publishing contract onto the Internet, and we couldn't be happier!

In Part V of our continuing series, we finally get to split up the booty! But before we do, we have to consider a fair amount of math, and an even more significant amount of logistics.

This is going to be fun, so let's dive in.

We're caring about sharing...in Virtual Legality.

#LawyerReads #GamePublishing #RawFury

***

HELP SUPPORT THE CHANNEL

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

STREAMLABS (TIPS) - https://streamlabs.com/richardhoeg

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

***

CHAPTERS

00:00 Introduction

01:28 A Simple Revenue Share

14:43 Paying Your Fair Share

33:18 Conclusion

***

Discussed in this episode:

"A Lawyer Reads...A Game Publishing Agreement"

YouTube Playlist - Hoeg Law

https://www.youtube.com/playlist?list=PL1zDCgJzZUy_VayRrIvRSP64k6oOv9jLi

"About Us"

Raw Fury Webpage

https://rawfury.com/about/

"Why we are publishing Raw Furys publishing agreement"

Raw Fury Webpage

https://rawfury.com/why-we-are-publishing-raw-furys-publishing-agreement/

"Developer Resources"

Raw Fury Webpage (Click Through Dropbox for Publishing Agreement)

https://rawfury.com/developer-resources/

***

"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

(1:28) A Simple Revenue Share

(14:43) Paying Your Fair Share

(33:18) Conclusion

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(0:00) Introduction

(2:09) The Lawsuit

(25:28) Capital Regulations, Exposure, and Margin Calls

(38:55) Congress, Investigations, and Citadel

(46:00) Conclusion