Virtual Legality

"Warcraft 3 Reforged TOS requires handover of the "moral rights" to any custom map", Reddit thread declares!

But what are "moral rights"? What is Blizzard asking for here? Why does it apply to more than just Warcraft III?

And why are some of the complaints probably justified...but pointed at the wrong thing?

The opposite of moral isn't immoral...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/rN3pYr0IgsQ

#Warcraft #Blizzard #MoralRights

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Discussed in this episode:

"Some fresh virtual legality material: this time it's another EULA confusion..."

Tweet - January 29, 2020 - @Nikrandos

https://twitter.com/realNikandros/status/1222481676665851905

"Warcraft 3 Reforged TOS requires handover of the "moral rights" to any custom map"

Reddit Thread - January 29, 2020 - u/Man_Eating_Boar

https://www.reddit.com/r/Games/comments/evitu7/warcraft_3_reforged_tos_requires_handover_of_the/

"CUSTOM GAME ACCEPTABLE USE POLICY"

Blizzard - Updated January 21, 2020

https://www.blizzard.com/en-us/legal/2749df07-2b53-4990-b75e-a7cb3610318b/custom-game-acceptable-use-policy

"BLIZZARD END USER LICENSE AGREEMENT"

Blizzard - Updated June 1, 2018

https://www.blizzard.com/en-us/legal/fba4d00f-c7e4-4883-b8b9-1b4500a402ea/blizzard-end-user-license-agreement

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

US Copyright Office

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

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

US Copyright Office - April 2019

https://www.copyright.gov/policy/moralrights/full-report.pdf

"CUSTOM GAME ACCEPTABLE USE POLICY"

Blizzard - Archival Date October 9, 2019

https://web.archive.org/web/20191009004733/https://www.blizzard.com/en-us/legal/2749df07-2b53-4990-b75e-a7cb3610318b/custom-game-acceptable-use-policy

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FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

In Two Hoegs Are Better Than One, join business lawyer Richard Hoeg and his game developer brother, Tom, of High Moon Studios as they discusses games, culture, and the news of the day through the lens of video gaming, business, and law.

#Hoeg #TwoHoegs #THABTO

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Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

Tom has worked in the video game industry for years, including on some of the world's biggest games like Ratchet and Clank, Destiny, and Call of Duty. He is currently working on the latest and greatest additions to the Call of Duty franchise.

ALL VIEWS ESPOUSED BY TOM ARE HIS AND HIS ALONE AND DO NOT REPRESENT THE VIEWS OR POSITIONS OF ACTIVISION, HIGH MOON STUDIOS, OR ANYONE ELSE.

ANY LEGAL 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.

Any and all feedback is appreciated. Let us know what you think!

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

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(0:00) Intro

(0:27) Article

(7:54) Analysis

(15:43) Vice article

(16:45) PC Gamer article

(18:33) Conclusion

With Google changing the formatting of it's search results, paid placement/advertisements are now more indistinguishable from organic results than ever.

Could such intentional confusion be considered "deceptive"?

What does the Federal Trade Commission (FTC) have to say?

And how might any such deception affect advertisers (including law firms)?

Was "Don't Be Evil" deceptive? A question apparently worth asking...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/3Eu5S08PSqc

#Google #Search #FTC

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Discussed in this episode:

"Google’s ads just look like search results now"

The Verge - January 23, 2020 - Jon Porter (@JonPorty)

https://www.theverge.com/tldr/2020/1/23/21078343/google-ad-desktop-design-change-favicon-icon-ftc-guidelines

".com Disclosures"

Federal Trade Commission - March 2013

https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-staff-revises-online-advertising-disclosure-guidelines/130312dotcomdisclosures.pdf

"Re: Complaint Requesting Investigation of Various Internet Search Engine Companies for Paid Placement and Paid Inclusion Programs"

FTC Guidance Letter - June 27, 2002

https://www.ftc.gov/sites/default/files/documents/closing_letters/commercial-alert-response-letter/commercialalertletter.pdf

"FTC Consumer Protection Staff Updates Agency's Guidance to Search Engine Industry on the Need to Distinguish Between Advertisements and Search Results"

FTC Blog Post - June 25, 2013

https://www.ftc.gov/news-events/press-releases/2013/06/ftc-consumer-protection-staff-updates-agencys-guidance-search

"The FTC’s Endorsement Guides: What People Are Asking"

FTC Guidance - Updated September 2017

https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking

"Michigan Rules of Professional Conduct"

https://courts.michigan.gov/Courts/MichiganSupremeCourt/rules/Documents/Michigan%20Rules%20of%20Professional%20Conduct.pdf

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

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Former Vice President Joe Biden, in an interview with the New York Times Editorial Board while seeking its endorsement for his presidential run, called for the immediate revocation (or more accurately, repeal) of Section 230 of the Communications Decency Act (CDA).

But while Section 230 could certainly use clarification (and clarity, as the distinction between service provider and publisher is not without its own ambiguities), Candidate Biden's erroneous reading of the statute, the landscape it creates, and the the liability of tech titans like Facebook, is unfortunately not the only one shared by the political class.

And that's without even getting into calling video game folks "creeps".

Libel Liability is a Political Liability...in Virtual Legality.

#Biden #NYT #CDA230

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Discussed in this episode:

New York Times Editorial Interview - Joe Biden

January 17, 2020

https://www.nytimes.com/interactive/2020/01/17/opinion/joe-biden-nytimes-interview.html

"Social Media, Liability Shields, and You: The State of CDA Section 230 (VL72) (Hoeg Law)"

YouTube Video - July 12, 2019 - Hoeg Law

https://www.youtube.com/watch?v=0VtQlx5VXXs

"Protection for private blocking and screening of offensive material"

47 USC 230 (CDA 230)

https://www.law.cornell.edu/uscode/text/47/230

"Action for libel or slander."

MCL 600.2911

http://www.legislature.mi.gov/(S(fdms3o5l2kvl3azpa2npxura))/mileg.aspx?page=GetObject&objectname=mcl-600-2911

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FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

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YouTuber "MxR Plays" was not the first to be served with a"Notice of Settlement Fees" from viral video licensor Jukin Media, and it certainly looks like they won't be the last.

Now, YouTuber Tyrone Magnus has come forward in his video "Jukin Media Did It to Me Too!" to claim that one of his videos has been struck (not claimed) by Jukin.

Mr. Magnus claims that the video he made was clear commentary on top of a parody created by fellow YouTuber Tony Baker Comedy?

Will that matter?

And how does the language of the DMCA and the case of Lenz v. Universal Music combine to create perverse incentives for both copyright holders and YouTube?

We hope our analysis *isn't* seen as parody...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/78pRWB9nNkM

#TyroneMagnus #JukinMedia #MxR

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Discussed in this episode:

"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

"Jukin Media Did It To Me Too!"

YouTube Video - January 15, 2020 - Tyrone Magnus

https://youtu.be/CPWpAKtrV4E

"Feed the Cat! (Official Tony Baker Voice Over Compilation)"

YouTube Video - June 5, 2018 - Tony Baker Comedy

https://youtu.be/7Hd8_xkXCgk

"Try Not To Laugh - AL BUNDY GREATEST HITS/// MARRIED WITH CHILDREN - Reaction!"

YouTube Video - December 28, 2019 - Tyrone Magnus

https://youtu.be/QH4wI4lsaug

"More Information on Fair Use"

US Copyright Office Website

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

"EQUALS THREE, LLC v. JUKIN MEDIA, INC."

139 F.Supp.3d 1094

https://www.leagle.com/decision/inadvfdco160726000572

"Limitations on liability relating to material online"

17 USC 512 (the DMCA)

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

Lenz v Universal Music

801 F.3d 1126 (9th Cir. 2015)

https://emedia-law-insider.lexblogplatform.com/wp-content/uploads/sites/323/2015/09/Lenz-v.-UMG-9th-Circuit.pdf

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FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

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