Virtual Legality

Novel Coronavirus (COVID-19) has changed much about 2020 and likely will change much about our collective future, but while such uncertainty is always unpleasant, there is much to be reflect on and be thankful for.

-----As I believe this video *will* be demonetized (and thus otherwise ignored by YouTube), please share it around with anyone you think might be interested. And we'll be back with all the legal and business talk you love here, before you know it. Cheers.-----

***

"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) Intro

(4:00) Press Release

(8:15) EA Press Release

(9:37) EAs 2004 Press Release

(18:37) EA Statement

(19:35) Conclusion

NVidia's streaming video game project GeForce Now has seen publishers big (2K, Activision Blizzard, and Bethesda) and small (Hinterland Studio - The Long Dark) alike ask Nvidia to remove their content from the project. But many think such publishers should not be permitted, by law or by contract, to effect such removal.

What are some of the arguments these game players (and industry observers) are making?

What are the strengths and weaknesses of these arguments?

And has the Supreme Court of the United States (SCOTUS) already decided here through it's ruling in "ABC v Aereo, Inc."?

To Aereo is human, to forgive divine...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/JKjxfDJXV1E

#Nvidia #GeForceNow #Aereo

***

Discussed in this episode:

""The Long Dark" of Licensing: Nvidia's GeForce Now (Virtual Legality #184)"

YouTube Video - March 3, 2020 - Hoeg Law

https://youtu.be/sN7nZDCVuD0

GeForce Now Website

https://www.nvidia.com/en-us/geforce-now/

"The Long Dark Developer Asks Nvidia to Take Game Off GeForce Now, Saying Company Didn't Ask Permission to Host It on Their Service"

IGN - March 2, 2020 - Joseph Knoop

https://www.ign.com/articles/long-dark-nvidia-geforce-now-streaming-takedown

"Sorry to those who are disappointed you can no longer play #thelongdark on GeForce Now."

Tweet - March 1, 2020 - Raphael van Lierop (@RaphLife)

https://twitter.com/RaphLife/status/1234181315840229376

"Why ‘The Long Dark’ Developer Is Wrong To Pull The Game From GeForce Now"

Forbes - March 3, 2020 - Erik Kain

https://www.forbes.com/sites/erikkain/2020/03/03/why-the-long-dark-developer-is-wrong-to-pull-the-game-from-geforce-now/#a5cdf39ad2d8

"The controversy over GeForce Now, explained"

PC Gamer - March 4, 2020 -Wes Fenlon

https://www.pcgamer.com/the-controversy-over-geforce-now-explained/

"Remote Play Together is a particularly fascinating one because it basically disproves damn near everything you've said in one easy link:"

Twitter - March 6, 2020 - Rick Huddy (@ThatFuzzyTiger)

https://twitter.com/ThatFuzzyTiger/status/1236120379166470144

"Steam Remote Play"

Steamworks Documentation

https://partner.steamgames.com/doc/features/remoteplay

"Steam Subscriber Agreement"

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

Zenimax/Bethesda EULA

https://bethesda.net/data/eula/en.html

GeForce Now Terms of Use

Updated: November 12, 2019)

https://www.nvidia.com/en-us/geforce-now/terms-of-use/

"Exclusive rights in copyrighted works"

17 USC 106

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

"ABC v. Aereo, Inc."

573 U.S. 431 (2014)

https://supreme.justia.com/cases/federal/us/573/431/

"Definitions" ("publicly")

17 USC 101

https://www.law.cornell.edu/uscode/text/17/101

***

"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 THE SERIES 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) Introduction

(6:00) What is GeForce Now?/Copyright Overview

(10:40) Complaint Highlights - Greed/ Lawsuits

(15:00) Forbes/PC Gamer Dueling Articles

(29:50) Complaint Highlights - Same as a PC/Nvidia is Not Infringing/Remote Play

(37:15) Licenses, Licenses, Licenses (Steam, Bethesda/Zenimax, GeForce Now)

(45:25) ABC v Aereo Inc. (Opinion)

(1:06:40) ABC v Aereo Inc. (Dissent)

(1:09:55) Conclusion

null

(0:00) Opening

(7:40) The Takedown

(12:08) Copyright Counter-Notification Basics

(18:10) Copyright Strikes

(18:44) Copyright Strike

(21:01) Copyright Strikes May Affect Your Ability To Monetize

(21:54) Three Ways To Resolve a Copyright Strike

(25:19) Multiple Strikes on a Single Video

(26:05) Appeal

(38:43) Youtube Is Reacting to the Way the Dmca Is Written

(39:25) The Content Id System

Netflix's Black Mirror episode "Bandersnatch", was interesting, frustrating, and award winning in (mostly) equal measure. But was it a "Choose Your Own Adventure"? The owners of that particular trademark, ChooseCo LLC, certainly don't think so, and by suing Netflix for it's use of the term, they have made their displeasure known.

Now, having failed to get the suit kicked out of court, Netflix has decided to raise the stakes, filing a counterclaim that the "Choose Your Own Adventure" trademark is generic by its very nature, and that ChooseCo's rights to the same should be cancelled by the court.

What does this kind of "genericide" mean in the law? How does it work?

Why is it being used by Netflix (and why now)?

And how is this escalation being used by Netflix to encourage ChooseCo to either drop or settle their lawsuit?

The analysis is neither generic nor frumious...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/W3ZtxSpp2ig

#Netflix #ChooseYourOwnAdventure #Genericide

***

Discussed in this episode:

"Netflix Seeks Cancellation of "Choose Your Own Adventure" Trademark in 'Bandersnatch' Dispute"

The Hollywood Reporter - February 26, 2020 - Ashley Cullins

https://www.hollywoodreporter.com/thr-esq/netflix-seeks-cancellation-choose-your-own-adventure-trademark-bandersnatch-dispute-1281305

"Netflix hit with a Choose Your Own Adventure lawsuit over Black Mirror: Bandersnatch"

Polygon - January 11, 2019 - Austen Goslin

https://www.polygon.com/2019/1/11/18178615/netflix-black-mirror-lawsuit-choose-your-own-adventure-bandersnatch-chooseco

"Bandersnatch Netflix Chooseco lawsuit"

Filed: January 11, 2019

https://www.scribd.com/document/397269756/Bandersnatch-Netflix-Chooseco-lawsuit

"Trademark, Patent, or Copyright?"

USPTO Website

https://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright

CHOOSE YOUR OWN ADVENTURE Trademark

USPTO Website

https://tsdr.uspto.gov/#caseNumber=2913403&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

"Remedies; infringement; innocent infringement by printers and publishers"

15 USC 1114

https://www.law.cornell.edu/uscode/text/15/1114

"False designations of origin, false descriptions, and dilution forbidden"

15 USC 1125

https://www.law.cornell.edu/uscode/text/15/1125

"Netflix Loses Bid to Dismiss $25 Million Lawsuit Over 'Black Mirror: Bandersnatch'"

The Hollywood Reporter - February 11, 2020 - Eriq Gardner

https://www.hollywoodreporter.com/thr-esq/netflix-loses-bid-dismiss-25-million-lawsuit-black-mirror-bandersnatch-1278701

"Cancellation of registration"

15 USC 1064

https://www.law.cornell.edu/uscode/text/15/1064

"Elliott v. Google, Inc."

9th Circuit Decision 2017

https://law.justia.com/cases/federal/appellate-courts/ca9/15-15809/15-15809-2017-05-16.html

"Choose Your Own Adventure"

Wikipedia Entry

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

"Star Wars: The Judicial Opinions"

Mallory Law Office Blog - January 5, 2016

http://mallorylawoffice.blogspot.com/2016/01/star-wars-judicial-opinions.html

ALSO REFERENCED:

"Black Mirror: Bandersnatch - Postmortem (Hoeg Law)"

YouTube Video - December 30, 2018 - Hoeg Law

https://youtu.be/JqZX3bcCdAI

***

"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

null

(0:00) Opening

(3:56) What Geforce Now Is

(5:31) Hardware Virtualization

(11:34) Why Are We Seeing Developers Kind Of Pull Back from Geforce Now

(20:14) Steam Eula

"The Netflix of Gaming is coming" Business Insider proclaims, with a heaping helping of doom and gloom from anonymous sources.

Why is the model shifting?

What changes do Game Pass, Apple Arcade, Stadia and more bring to the industry?

And how do stagnancy and fear of change present the greatest risk of all?

Fear is the mind-killer...in Virtual Legality.

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

#Xbox #GamePass #Subscriptions

***

Discussed in this episode:

"The ‘Netflix of gaming’ is coming, and video game makers are worried that their business could meet the same fate as music and movies"

Business Insider - February 25, 2020 - Ben Gilbert

https://www.businessinsider.com/video-game-subscription-services-developer-concerns-microsoft-apple-netflix-2020-2

"Smart Delivery: Xbox's Bid to End the Console War (Virtual Legality #179)"

YouTube Video - February 24, 2020 - Hoeg Law

https://youtu.be/4t5Sq3Yh5AA

"Netflix just spent $200 million for ‘Game of Thrones’ creators, but the cost could be greater"

CNBC - August 9, 2019 - Sarah Whitten

https://www.cnbc.com/2019/08/09/netflix-just-spent-200-million-for-game-of-thrones-creators.html

"The music industry was left for dead a few years ago. Now it's booming again"

CNN Business - February 28, 2020 - Frank Pallotta

https://www.cnn.com/2020/02/28/media/music-industry-streaming/index.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 THE SERIES 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