Virtual Legality

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(0:00) Introduction

(4:44) Background Facts

(12:23) Standard for Injunctions (Serious Questions)

(13:40) Could Epic Win on the Merits?

(25:55) What is the Relevant Market?

(32:42) Epic's Theory Would Affect ALL Walled Gardens

(38:00) Is Distribution and IAP Illegally Tied?

(50:38) Harms - Irreparable and Self-Inflicted

(1:05:32) Unreal Equities

(1:08:57) Injunction and Conclusion

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(0:00) Introduction

(0:51) On GameStop

(11:14) On Epic and the Coalition for App Fairness (CAF)

(32:47) Conclusion

Users of Sony's PlayStation 4 (PS4) were greeted this week with some of Sony's less exciting PS5 preparation steps: a prompt to accept PlayStation Network's (PSN's) new terms and conditions.

Did you read them? Be honest.

While conceptually very similar to what came before, there's still a lot to consider in the new document: ambiguities, codes of conduct, assignment of things like vocal communications, termination rights, streaming permissions (or the lack thereof), and much, much more.

Legal Language has no limits...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/e9J9dhI4qKA

#PlayStation #PSN #Terms

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CHAPTERS

00:00 Introduction

03:48 The Agreement

06:03 An Updated Privacy Policy

10:53 Definitions

12:10 Accounts and Honesty

13:53 Child Accounts (Responsibility)

15:59 The Code of Conduct (Ambiguity)

29:54 User Content (Unexpected Assignments)

36:22 Wallets, Stores, and Refunds

45:04 The Software License (Restrictions)

50:57 Termination of Account Rights

55:29 Arbitration and Class Action Waivers

57:12 Warranties and Amendments

58:23 Conclusion

***

Discussed in this episode:

"Can you make a video going over the PlayStation ToS updated page?

Tweet - October 7, 2020 - PlayStation Discourse (@RedditPS)

https://twitter.com/HoegLaw/status/1313852723096432641

PlayStation Network Terms of Service

Updated October 2020

https://www.playstation.com/en-us/legal/psn-terms-of-service/

PlayStation Privacy Policy

Updated October 2020

https://www.playstation.com/en-us/legal/privacy-policy/

PlayStation Store cancellation policy

https://www.playstation.com/en-us/legal/playstation-store-cancellation-policy/

"Is Streaming Among Us...Illegal? (VL332)"

YouTube Video - October 6, 2020 - Hoeg Law

https://youtu.be/sNRk_BV5rFg

***

"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

Blog: hoeglaw.wordpress.com

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

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(0:00) Introduction

(3:48) The Agreement

(6:03) An Updated Privacy Policy

(10:53) Definitions

(12:10) Accounts and Honesty

(13:53) Child Accounts (Responsibility)

(15:59) The Code of Conduct (Ambiguity)

(29:54) User Content (Unexpected Assignments)

(36:22) Wallets, Stores, and Refunds

(45:04) The Software License (Restrictions)

(50:57) Termination of Account Rights

(55:29) Arbitration and Class Action Waivers

(57:12) Warranties and Amendments

(58:23) Conclusion

"Apple’s monopoly power over software distribution to iOS devices has resulted in harms to competitors and competition, reducing quality and innovation among app developers, and increasing prices and reducing choices for consumers."

"Investigation of Competition in Digital Markets"

US House Antitrust Subcommittee Majority Staff Report

October 6, 2020

***

The above quote can be found in the executive summary of the 400+ page congressional subcommittee findings describing the actions of Google, Facebook, Amazon, and Apple.

While it is an important document, it's also important to understand what it does and does not do, and what it does and does not say.

Which is presumably why you're here, so let's dive in.

Remember when we said we were going to aim at shorter videos? We do...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/14eUjKqoU4s

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(0:00) Opening

(0:25) Investigation of Competition in Digital Markets

(6:58) Facebook Has a Monopoly Power in the Market for Social Networking

(14:37) Apple's Mobile Ecosystem Has Produced Significant Benefits to App Developers and Consumers

(30:59) Apple's Monopoly Power over Software Distribution on Ios Devices

(33:20) Commissions and in-App Purchases

(50:29) Epic versus Apple

(1:11:44) Recommendations

(1:15:00) The Antitrust Laws

(1:23:42) Monopoly Leveraging

One of 2020's absolute surprise break-out hits was actually released in 2018: Innersloth's "Among Us"; a video game take on "The Thing" that sees players try to suss out (and eliminate) "imposters" *among* their spaceship crew.

But why did Among Us get so popular all of a sudden? The answer appears to lie in streamers and streaming platforms (like Twitch). But given the game licenses offered for Among Us by places like Steam and itch.io, that may in and of itself be a bit of a problem.

Is this whole set up copyright infringement?

There are *lawyers* among us...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/sNRk_BV5rFg

#AmongUs #Twitch #Streaming

***

Discussed in this episode:

Among Us Website

http://www.innersloth.com/gameAmongUs.php

"Among Us' Improbable Rise To The Top Of Twitch"

Kotaku - September 8, 2020 - Nathan Grayson

https://kotaku.com/among-us-improbable-rise-to-the-top-of-twitch-1844986025

Among Us Twitch Stats

Sully Gnome Website

https://sullygnome.com/game/among_Us/365/summary

"Streaming, Copyright Infringement, and Fair Use (Virtual Legality #177)"

YouTube Video - February 19, 2020 - Hoeg Law

https://youtu.be/vTjsKrC3tOE

"Exclusive rights in copyrighted works"

17 USC 106

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

Among Us itch.io Page

https://innersloth.itch.io/among-us

Among Us Steam Page

https://store.steampowered.com/app/945360/Among_Us/

itch.io Terms of Service

Updated June 8, 2018

https://itch.io/docs/legal/terms#4-publisher-content

Steam Subscriber Agreement

Updated August 28, 2020

https://store.steampowered.com/subscriber_agreement/

Final Fantasy VII Steam Page

https://store.steampowered.com/app/39140/FINAL_FANTASY_VII/

Final Fantasy VII Eula

https://store.steampowered.com/eula/39140_eula

Riot Games Terms of Service

Updated January 15, 2020

https://www.riotgames.com/en/terms-of-service

Riot Games "Legal Jibber Jabber"

Updated August 2018

https://www.riotgames.com/en/legal

Twitch Terms of Service

Updated September 30, 2020

https://www.twitch.tv/p/legal/terms-of-service/

***

"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

Blog: hoeglaw.wordpress.com

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

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(0:00) Opening

(5:38) Twitch Charts

(6:40) Is Streaming among Us Illegal

(8:03) Exclusive Rights in Copyrighted Works

(15:37) League of Legends Terms of Service

(16:44) Twitch Terms of Service

(17:07) Section 8