Virtual Legality

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(0:00) Introduction

(2:58) Paycheck Protection Program Application

(5:34) Paycheck Protection Program Summary

(13:28) What Do I Need to Apply

(17:58) How to Request Forgiveness

It's episode 200! Thanks to everyone that has been with us for this journey and thanks to everyone who is visiting for the first time. We couldn't do any of this without you. Here's to 200 more!

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According to reports from Jason Schreier of Kotaku, employees of Gearbox Software (makers of Borderlands 3), have reportedly been "stiffed" on bonuses that were otherwise promised to them by CEO Randy Pitchford.

What does Mr. Schreier have to say about Gearbox's compensation system, the promises that form the foundation of his reporting, and Gearbox's response?

How does upside compensation work? What are the risks and rewards? And how do those risks and rewards mirror the employee-owned collectives that are often advocated by Mr. Schreier and Kotaku?

How can miscommunication result in breach of trust? And why should Gearbox be concerned even if no legal lines were crossed?

And just why is Mr. Schreier bringing up a settled case in which the plaintiff referred to CEO Pitchford as "exonerated" anyway?

We're shifting shifty gears...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/swInQ5i-Cxg

#Kotaku #Gearbox #Pitchford

***

Discussed in this episode:

"Sources: Despite Huge Sales, Borderlands 3 Developers Are Getting Stiffed On Bonuses"

Kotaku - April 1, 2020 - Jason Schreier

https://kotaku.com/sources-despite-huge-sales-borderlands-3-developers-a-1842617645

"Gearbox Video Game Designer Salary" (and more)

https://www.payscale.com/research/US/Job=Video_Game_Designer/Salary/6151e84c/Gearbox-Software

Cost of Living (Plano Texas)

https://www.bestplaces.net/cost_of_living/city/texas/plano

Cost of Living (Irvine California)

https://www.bestplaces.net/cost_of_living/city/california/irvine

"Randy Pitchford's $12 Million Magic Trick: A Lawyer's View (VL69) (Hoeg Law)"

YouTube Video - June 24, 2019 - Hoeg Law

https://youtu.be/PP4qsoBSZvc

"Former Gearbox employee provides proof Randy Pitchford diverted funds to personal company"

GameDailyBiz - June 18, 2020 - Hoeg Law

https://gamedaily.biz/article/965/former-gearbox-employee-provides-proof-randy-pitchford-diverted-funds-to-personal-company

Plaintiff's Third Amended Petition

Callender v Gearbox (Pitchford)

June 12, 2019

https://courtsportal.dallascounty.org/DALLASPROD/DocumentViewer/Embedded/1bJ-uOeaXZ1AY0DXpUjP42TcFVPzR-WiMmMGugjv4e4WGb7Lm2fX-tE1G8lz1XwmDMfLZwHcPKc8qXEP1CLiYg2?p=0

"Randy Pitchford and Gearbox Exonerated?! What it All Means (VL113)"

YouTube Video - October 4, 2019 - Hoeg Law

https://youtu.be/SYzvJ1C-KV4

"Gearbox CEO Randy Pitchford and former lawyer bring end to messy legal dispute"

Eurogamer - October 4, 2019 - Matt Wales

https://www.eurogamer.net/articles/2019-10-03-gearbox-ceo-randy-pitchford-and-former-lawyer-bring-end-to-messy-legal-dispute

***

"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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With supply chains existing only as open question marks, Square Enix has done the right thing by starting shipments of their much anticipated Final Fantasy VII Remake project out to the world earlier than usual.

But with early shipments come early copies in the wild. And passive aggressive threats from Square Enix legal.

Just what does Square Enix say you can and can't do under their Final Fantasy VII Remake "Material Usage License"?

How does this affect streaming, fan art, and more?

And what of the official release date of April 10, 2020?

We're sure they meant *Materia* Usage License...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/HF7RO5HAHvc

#FFVII #Remake #SquareEnix

***

Discussed in this episode:

"As the development team requested yesterday..."

Tweet - March 31, 2020 - Final Fantasy VII Remake (@finalfantasyvii)

https://twitter.com/finalfantasyvii/status/1245003712067710976

"An Important message from the FINAL FANTASY VII REMAKE development team"

Square Enix Blog - March 30, 2020

https://square-enix-games.com/en_US/news/important-message-final-fantasy-vii-remake-development-team

"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

"Is Copyright Broken? A Lawyer Responds to Tom Scott (Virtual Legality #196)"

YouTube Video - March 24, 2020 - Hoeg Law

https://youtu.be/Hpa61mMdkiU

"FINAL FANTASY VII REMAKE Material Usage License"

Final Fantasy VII Remake Website

https://ffvii-remake.square-enix-games.com/en-us/streaming-guidelines

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

YouTube Video - February 19, 2020 - Hoeg Law

https://youtu.be/vTjsKrC3tOE

***

"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

(1:00) Release Date

(6:03) Material Usage License

(8:47) Fair Use

(11:09) Streaming Copyright Infringement and Fair Use

(13:00) Final Fantasy 7 Remake Material Usage License

(14:00) Usage License

(16:09) Define the Works

(21:00) Can You Have a Sponsored Video

(26:31) Additional Constrictions Restrictions Concerning Music and Songs

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(0:00) Opening

(22:48) General Provisions

(32:29) Examples of Dod's Use of Title 1 Priorities

(56:51) List of National Emergencies in the United States

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Animal Crossing: New Horizons has proven to be a commercial and critical darling. But what evil lurks in the hearts of Nooks? Only Nintendo knows.

We don't limit our residents (or their representatives)...in Virtual Legality.

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

#AnimalCrossing #Resident #Nintendo

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Discussed in this episode:

"Animal Crossing: New Horizons Comes to Life!"

YouTube Video - February 27, 2020 - Nintendo

https://youtu.be/mVeFhisMk7Y

"Pandemic movie 'Contagion' is surging in popularity due to the coronavirus and has hit the No. 7 spot on iTunes"

Business Insider - March 6, 2020 - Travis Clark

https://www.businessinsider.com/coronavirus-contagion-movie-is-surging-in-piracy-rentals-on-itunes-2020-3

Animal Crossing: New Horizons

Webpage (Nintendo Store)

https://www.nintendo.com/games/detail/animal-crossing-new-horizons-switch/

"Animal Crossing: New Horizons owners surprised to find island progress tied to first resident"

Eurogamer - March 24, 2020 - Tom Phillips

https://www.eurogamer.net/articles/2020-03-24-animal-crossing-new-horizons-owners-surprised-to-find-progress-tied-to-first-resident

"Animal Crossing: New Horizons Account Restrictions Frustrating Many Families and Couples"

WCCFTech - March 23, 2020 - Nathan Birch

https://wccftech.com/animal-crossing-new-horizons-accounts-resident-representative/

"Animal Crossing: New Horizons review: A quarantined life has never been cuter"

Ars Technica - March 16, 2020 - Sam Machkovech

https://arstechnica.com/gaming/2020/03/animal-crossing-new-horizons-review-a-quarantined-life-has-never-been-cuter/

"Can you change who the Resident Representative is in Animal Crossing New Horizons?"

Nintendo Support Forums

https://en-americas-support.nintendo.com/app/social/questions/detail/qid/92540/~/can-you-change-who-the-resident-representative-is-in-animal-crossing-new/page/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

Is YouTube's copyright system fine, while the world's is...broken? That's what famous YouTuber Tom Scott has asserted in his latest, aptly titled: "YouTube's Copyright System Isn't Broken. The World's Is."

In our first response video in some time, we dive into Mr. Scott's claims on both legal and rhetorical levels:

What is the current state of intellectual property enforcement?

How does YouTube deal with the "muddy middle" of fair use and infringement?

What does Mr. Scott suggest needs to change?

And what do we have to say about all of that?

Because we (apparently) only respond to Scotts...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/Hpa61mMdkiU

#Copyright #DMCA #YouTube

***

Discussed in this episode:

"YouTube's Copyright System Isn't Broken. The World's Is."

YouTube Video - March 23, 2020 - Tom Scott

https://youtu.be/1Jwo5qc78QU

"Hey [Hoeg], the excellent [Tom Scott] did a lengthy video essay on copyright law."

Tweet - March 23, 2020 - Parallax Abstraction (@PXAbstraction)

https://twitter.com/PXAbstraction/status/1242179094093103104

"A Nintendo Nightmare: Copyright and "Dreams" (Virtual Legality #194)"

YouTube Video - March 21, 2020 - Hoeg Law

https://youtu.be/tyneXcS72uI

"Sony Reportedly Pulls Mario Creation From Dreams After Nintendo Complaint"

IGN - March 21, 2020 - Joseph Knoop

https://www.ign.com/articles/sony-dreams-nintendo-mario-copyright-ip-intellectual-property-lawsuit

"Virtual Legality #53 - No, "Games as a Service" Isn't Fraud: A Response to Accursed Farms (Hoeg Law)"

YouTube Video - May 1, 2019 - Hoeg Law

https://youtu.be/yndkAmqjs0o

"Virtual Legality - "Games as a Service" and Fraud: A Conversation with Ross Scott (Accursed Farms)"

YouTube Video - May 3, 2019 - Hoeg Law

https://youtu.be/yt2ar78R28o

"Copyright Act of 1790"

WIkipedia Entry

https://en.wikipedia.org/wiki/Copyright_Act_of_1790

"History of copyright law of the United States"

Wikipedia Entry - "Major Amendments to Federal Copyright Law"

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

"What is the history of corporations in America?"

Investopedia - Updated August 3, 2019

https://www.investopedia.com/ask/answers/041515/what-history-corporations-america.asp

"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

"Authors, Attribution, and Integrity: Examining Moral Rights in the United States"

US Copyright Office Website

https://www.copyright.gov/policy/moralrights/

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

YouTube Video - February 19, 2020 - Hoeg Law

https://youtu.be/vTjsKrC3tOE

"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

"Copyright Strikes for Explaining Copyright Law? (Virtual Legality #186)"

YouTube Video - March 5, 2020 - Hoeg Law

https://youtu.be/kF2GMxChNkA

"Copyright Reform and the DMCA: A CASE Study (VL121)"

YouTube Video - October 23, 2019 - Hoeg Law

https://youtu.be/j-WgBJwZm1k

***

"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

(7:14) What Copyright Law Is

(23:37) Moral Rights

(29:28) Age of the Influencer

(36:52) The Dmca

(44:00) Updating the Law

(50:52) Shortening the Copyright

(51:02) Shorten How Long Copyright Lasts

(55:50) Grandfathering