Virtual Legality

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(0:00) Introduction

(0:41) Ubisoft Lawsuit

(2:04) Leonard French

(6:53) The Termination

(13:50) Refund

Fans of "Tom Clancy's Rainbow Six: Siege", Ubisoft's ode to the internal psychological struggles arising out of the complex terrorist/law enforcement relationship, may have found themselves delighted by the release of Ejoy.com's "Area F2", a game which very clearly "took inspiration" from its urban combat loving predecessor.

But where some might see inspiration, Ubisoft sees actionable copyright infringement. For the law may not protect ideas, but it does protect against expressions of those ideas that are "substantially similar" to what came before.

So why didn't Ubisoft sue the creator of the game (or Alibaba, its owner)?

How does suing Apple and Google (the stores that sell the game) make their case that much more difficult to maintain?

And if Ubisoft has a case, just *why* are there so many clones out there anyway?

With deep pockets come many, many lawyers...in Virtual Legality.

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

#R6Siege #AF2 #Lawsuit

***

Discussed in this episode:

"Ubisoft Sues Apple, Google Over Alibaba’s Rainbow Six “Ripoff”"

Bloomberg - May 15, 2020 - Edvard Pettersson

https://www.bloomberg.com/news/articles/2020-05-16/ubisoft-sues-apple-google-over-alibaba-s-rainbow-six-ripoff

"Ubisoft sues Apple and Google over Rainbow Six: Siege clone"

GameDailyBiz - May 18, 2020 - Sam Desatoff

https://gamedaily.biz/article/1745/ubisoft-sues-apple-and-google-over-rainbow-six-siege-clone

Alibaba Group Website

https://www.alibabagroup.com/en/global/home

"Rainbow Six Siege VS Area F2 | Comparison - Which is the Best"

YouTube Video - April 22, 2020 - NickySan

https://youtu.be/N-DGwzHKgDc

"What Does Copyright Protect?"

US Copyright Office Webpage

https://www.copyright.gov/help/faq/faq-protect.html

"Case: Atari v. Amusement World (C) [D. Md.] 1981"

Case Summary - Patent Arcade - April 12, 2005

http://patentarcade.com/2005/04/case-atari-v-amusement-world-c-d-md.html

Spry Fox, LLC v LOLApps, Inc. (Triple Town v Yeti Town)

Case No. C12-147RAJ (September 18, 2012)

https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1150&context=historical

"Spry Fox wins ownership of Yeti Town as part of Triple Town settlement"

GamesIndustryBiz - October 15, 2012 - Dan Pearson

https://www.gamesindustry.biz/articles/2012-10-15-spry-fox-wins-ownership-of-yeti-town-as-part-of-triple-town-settlement

"Secondary Infringement"

Justia Article

https://www.justia.com/intellectual-property/copyright/infringement/secondary-infringement/

Erickson Productions v Kast

No. 15-16801 (April 16, 2019 - 9th Cir.)

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/04/16/15-16801.pdf

"Limitations on liability relating to material online"

17 USC 512 (DMCA)

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

***

"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

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(0:00) Opening

(9:34) Copyright Does Not Protect Facts

(17:02) Claim of Copyright Infringement

(19:48) Extrinsic Test

(27:29) Intrinsic Tests

(30:41) Can You Prove Secondary Infringement

(31:40) The Copyright Act Does Not Provide an Explicit Discussion of Secondary Liability for Infringement

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The saga of Sony and Naughty Dog's "Last of Us Part II" DMCA takedown and copyright claim extravaganza concludes (?) as we once again look into the case of YouTuber HeelvsBabyface (and compatriot JustSomeGuy), who has had the copyright claims placed against him lifted, not even two days after Sony rejected his dispute and looked like they were going to take the process all the way to the end of the line.

But is this a victory for the content creators...or something else?

Sometimes the other side doesn't do what you expect...in Virtual Legality.

(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from:

“The Last of Us Part II | Release Date Reveal Trailer | PS4”

YouTube Video – September 24, 2019 – PlayStation Europe

https://youtu.be/XvG-EpPoCCA

CHECK OUT THE VIDEO AT: https://youtu.be/-1oqVDyk3jU

#TheLastOfUs #Copyright #Takedown

***

Discussed in this episode:

"Sony DROP Copyright Claims on The Last of Us Part II Leaks Video!!"

Tweet - May 15, 2020 - Heel vs Babyface (@heelvsbabyface)

https://twitter.com/heelvsbabyface/status/1261479773777338368

"I sent YouTube that video. That may be one of the reasons the video went live."

Tweet - May 15, 2020 - Just Some Guy (@justsomeguycc)

https://twitter.com/justsomeguycc/status/1261383953811795968

"Sony DROP Copyright Claims on The Last of Us Part II Leaks Video!!"

YouTube Video - May 15, 2020 - HeelvsBabyface

https://youtu.be/JrvWwL_ioqk

"Sony’s New Strategy? Have YouTube Run Out the Clock (VL224)"

YouTubeVideo - May 14, 2020 - Hoeg Law

https://youtu.be/VtWQ-1Ttodc

""Dispute a Content ID claim"

YouTube Help Page

https://support.google.com/youtube/answer/2797454

"Submit a copyright counter notification"

YouTube Help Page

https://support.google.com/youtube/answer/2807684

"I sent a counterclaim on May 4th - I've heard nothing back."

Tweet - May 15, 2020 - Jeremy Prime ( @DDayCobra )

https://twitter.com/DDayCobra/status/1261429547460816896

"[Naughty Dog] just hit [Geeks and Gamers] with a Digital Millennium Copyright Act (DMCA) for a meme!"

Tweet - May 15, 2020 - Geeks + Gamers (@GeeksGamersCom)

https://twitter.com/GeeksGamersCom/status/1261431381327900672

"Naughty Dog Has Hit Me With 21 DMCA Takedowns..."

Tweet - May 14, 2020 - The Quartering (@TheQuartering)

https://twitter.com/TheQuartering/status/1260985919051628544

***

"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

By now regular visitors to Virtual Legality know that software is not purchased, only licensed out, and that game developers/publishers (as well as other media creators) retain vast rights to restrict or otherwise change the experience of their creations *even after* purchase.

But with Destiny 2 now taking steps to make obsolete much of what its players spent years (and hundreds of dollars) obtaining, and Bethesda/Zenimax installing kernel level invisible programs (in this case, Denuvo "Anti-Cheat") onto unsuspecting players' operating systems, now seems like a good time to revisit the present state of affairs.

Seems that making things worse will never be an obsolete design...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/JQb48KT1Jus

#Destiny2 #DoomEternal #Denuvo

***

Discussed in this episode:

"Bungie is poised to controversially sunset Destiny 2 gear as seasons progress"

Destructoid - May 15, 2020 - Chris Carter

https://www.destructoid.com/bungie-is-poised-to-controversially-sunset-destiny-2-gear-as-seasons-progress-591016.phtml

"THIS WEEK AT BUNGIE – 5/14/2020"

Bungie Webpage

https://www.bungie.net/en/Explore/Detail/News/49027

"Planned obsolescence"

Wikipedia Entry

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

"Limited Software License Agreement"

Destiny 2 - Bungie Website - Last updated March 6, 2020

https://www.bungie.net/7/en/Legal/SLA

"[Hoeg Law] any thoughts on this situation?"

Tweet - May 15, 2020 - Lewie Procter (@LewieP)

https://twitter.com/LewieP/status/1261284799098114049

"Doom Eternal update adds controversial Denuvo Anti-Cheat"

PC Guide - May 15, 2020 - Lewie Procter

https://www.pcguide.com/news/doom-eternal-update-adds-controversial-denuvo-anti-cheat/

"Denuvo Anti-Cheat goes LIVE! A message to DOOM Eternal fans and gamers"

Irdeto Perspective (Company Blog)

https://blog.irdeto.com/2020/05/14/denuvo-anti-cheat-goes-live-a-message-to-doom-eternal-fans-and-gamers/

"Doom Eternal's first update includes Denuvo Anti-Cheat"

PC Gamer - May 15, 2020 - Fraser Brown

https://www.pcgamer.com/doom-eternals-first-update-includes-denuvo-anti-cheat/

"DOOM Eternal EULA"

https://bethesda.net/en/eulas/doom-eternal

***

"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

null

(0:00) Opening

(1:33) Destiny 2 and Doom

(2:59) Legendary Gear Infusion

(6:27) Planned Obsolescence

(8:34) End-User License Agreement for Destiny

(18:25) Anti Cheat Tools

The saga of Sony and Naughty Dog's "Last of Us Part II" DMCA takedown and copyright claim extravaganza continues as we follow-up our earlier look at the case of one YouTuber, HeelvsBabyface, who won a short-lived reprieve from the Copyright Strike issued against him... only to have Sony use every tool in the YouTube tool belt to try to keep him quiet.

But why is the process used by Sony here so problematic?

And why does YouTube allow for 70 days of takedown uncertainty, when the DMCA only really provides for 10?

They may not want to go to court, but they sure as hell want some silence...in Virtual Legality.

(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from:

“The Last of Us Part II | Release Date Reveal Trailer | PS4”

YouTube Video – September 24, 2019 – PlayStation Europe

https://youtu.be/XvG-EpPoCCA

CHECK OUT THE VIDEO AT: https://youtu.be/VtWQ-1Ttodc

#TheLastOfUs #Copyright #Takedown

***

Discussed in this episode:

"OK folks we're in interesting territory now."

Tweet - May 13, 2020 - Heel vs Babyface (@heelvsbabyface)

https://twitter.com/heelvsbabyface/status/1260679652470915082

"Last of Us Leaks (Pt. 4): DMCA Deficiencies and Manual Claim Madness (VL218)"

YouTube Video - May 5, 2020 - Hoeg Law

https://youtu.be/r7ztemzr6dw

"NAUGHTY DOG/SONY Forced to RELEASE Copyright Claim Against ME!!!"

YouTube Video - May 5, 2020 - HeelvsBabyface

https://youtu.be/uFLbllCVBB0

"SONY Want Me to be SILENT or Take Me to COURT over my The Last of Us Part II Leaks Video!!"

YouTube Video - May 13, 2020 - HeelvsBabyface

https://youtu.be/AuGwnd0MEh4

"What is a Content ID claim?"

YouTube Help Page

https://support.google.com/youtube/answer/6013276

"Dispute a Content ID claim"

YouTube Help Page

https://support.google.com/youtube/answer/2797454

"What is a Manual Claim?"

YouTube Help Page

https://support.google.com/youtube/answer/9374251?hl=en&ref_topic=9282678

"Limitations on exclusive rights: Fair use"

17 USC 107

https://www.law.cornell.edu/uscode/text/17/107

"Limitations on liability relating to material online"

17 USC 512 (DMCA)

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

"Submit a copyright counter notification"

YouTube Help Page

https://support.google.com/youtube/answer/2807684?hl=en

***

"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

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(0:00) Intro

(3:01) What is Content ID

(8:41) Fair Use Concepts

(10:31) Dispute Process

(16:00) Conclusion

The world of YouTube contains everything from your favorite lawyer's legal analysis to your favorite personality's...viewing of television episodes. But in each case, the nature of YouTube and copyright law depends on the application of the fair use doctrine. And some uses are clearly more "fair" than others.

Join us as we dive into a discussion of video reaction channels, precipitated by what appears to have been some Sony-esque DMCA usage by a YouTube Channel known as "Suzy Lu".

With a Hat Tip to Rachael Messer at the Rachael Messer Gaming Channel (links below) for prompting us to discuss the issue.

Reaction channels probably shouldn't be asking for increased DMCA scrutiny...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/YqtNzodB-u4

#SuzyLu #FairUse #DMCA

***

Discussed in this episode:

"Anime Voice Actor/ The Suzy Lu Issue"

YouTube Video - May 6, 2020 - Rachael Messer Gaming

https://youtu.be/Cwuacd3qMZs

"I would love to see [Hoeg Law] cover the anime reactions, suzy lu, and the striking of channels."

Tweet - May 8, 2020 - Rachael Messer (Home Studio) (@rachaelmesser)

https://twitter.com/rachaelmesser/status/1258929398897664000

"Anime Voice Actor/ Suzy Lu Part 2"

YouTube Video - May 12, 2020 - Rachael Messer Gaming

https://youtu.be/RrY6wQvj04I

"Kakashi Chronicles 😢 - Boys' Life on the Battlefield - Part 2 | Suzy Lu Reacts"

YouTube Video - April 27, 2020 - Suzy Lu

https://youtu.be/1p3mU-Z_B5Q

Naruto Homepage

https://www.viz.com/naruto

"Last of Us Leak Legalities"

YouTube Playlist - Hoeg Law

https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN

"Exclusive rights in copyrighted works"

17 USC 106

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

"Limitations on exclusive rights: Fair use"

17 USC 107

https://www.law.cornell.edu/uscode/text/17/107

"YouTube’s “MxR Plays”: Fair Use, Extortion, and the Muddy Middle of Copyright (VL155)"

YouTube Video - January 10, 2020 - Hoeg Law

https://youtu.be/VtV_nYZT-mg

"More Information on Fair Use"

US Copyright Office Webpage

https://www.copyright.gov/fair-use/more-info.html

"HOSSEINZADEH v. KLEIN"

276 F. Supp. 3d 34 (S.D.N.Y. 2017)

https://casetext.com/case/hosseinzadeh-v-klein-1

***

"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