Virtual Legality

23andMe has finally realized its ambition of monetizing its enormous genetic database by licensing a new drug compound to international pharmaceutical company Almirall.

But the sale has caused some medical and business ethicists to question whether the company's customers should be getting a cut of the big payday.

Why won't they?

The DNA is in the details...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/17uheGhVnaM

#23andMe #Genetics #Almirall

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Discussed in this episode:

23andMe Website

https://www.23andme.com/

"23andMe Licenses Its Own Drug Compound to Spanish Firm Almirall"

Bloomberg - January 9, 2020 - Kristen V Brown

https://www.bloomberg.com/news/articles/2020-01-09/23andme-licenses-drug-compound-to-spanish-drugmaker-almirall

"DNA Test Company Sells Rights to Drug Compound Based on Customers' Genetic Data"

Science Alert - January 14, 2020 - Carly Cassella

https://www.sciencealert.com/23andme-has-sold-its-first-drug-based-on-its-consumer-s-personal-data

23andMe Terms of Service

Updated September 30, 2019

https://www.23andme.com/about/tos/

23andMe Privacy Policy

Updated January 1, 2020

https://www.23andme.com/about/privacy/

"GSK and 23andMe sign agreement to leverage genetic insights for the development of novel medicines"

23andMe Press Release - July 25, 2018

https://mediacenter.23andme.com/press-releases/gsk-and-23andme-sign-agreement-to-leverage-genetic-insights-for-the-development-of-novel-medicines/

***

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

(1:57) Bloomberg Article

(4:15) Science Alert Article

(8:30) Terms of Service

(12:35) User Representations

(13:34) Privacy Statement

(18:29) Partnerships

With Sony dropping out of the Electronic Entertainment Expo (E3) for the second time in as many years, the future for the industry leading trade event has never been more precarious.

What can we take from the two statements issued by Sony Interactive Entertainment (SIE) and the Entertainment Software Association (ESA)? Are these two huge industry players actually sniping at each other?

And how are their respective visions fundamentally at odds regarding what E3 is, can, and should be?

Our activations always entertain...in Virtual Legality.

#Sony #E3 #ESA

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Discussed in this episode:

"Unforced Error: A Lawyer's View on the ESA's Doxxing of 2000+ E3 Attendees (VL81)"

YouTube Video - August 3, 2019 - Hoeg Law

https://youtu.be/yNA2xRNwq4s

"E3 Succumbs to the Age of the Influencer – What you Need to Know (VL103)"

YouTube Video - September 17, 2019 - Hoeg Law

https://youtu.be/kB1UewTSFmM

"PlayStation will not participate in E3 2020"

GamesIndustryBiz - January 13, 2020 - Christopher Dring

https://www.gamesindustry.biz/articles/2020-01-11-playstation-will-not-participate-in-e3-2020

"ESA Statement on Sony E3 2020 Announcement"

ESA Website

https://www.theesa.com/statements/esa-statement-on-sony-e3-2020-announcement/

"I read corporate speak for a living and this statement is nigh unreadable."

Tweet - January 13, 2020 - Hoeg Law

https://twitter.com/HoegLaw/status/1216881199169273856

"The Case Against Kyle Bosman and Michael Huber (E3 2019) (VL Extra) (Hoeg Law)"

YouTube Video - June 20, 2019 - Hoeg Law

https://youtu.be/nF1h-USrliI

***

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/

On January 9, 2020, Representatives Tim Walberg (R-MI) and Bobby Rush (D-IL) sponsored the "Preventing Real Online Threats Endangering Children Today," or "PROTECT Kids" act before the US House of Representatives.

At roughly the same time, technology advocacy group "Tech Freedom" held a panel on the future of the Children's Online Privacy Protection Act (COPPA), YouTube, and the role of the Federal Trade Commission (FTC) in respect of both. The panel would be attended by YouTube heavyweights Jeremy Johnston of J House Vlogs, and Kreekcraft, among others.

The two events could not represent two more wildly divergent views of the future of content generation on the Internet and what it can and should be.

What does the PROTECT Kids Act purport to do?

How will raising the age of "children" to 16 effect an increased and even more difficult role to manage for the FTC?

How would it hurt many if not most "social" applications and their related business models?

And how would such an effect ultimately hurt the very children it's purported to protect?

We never scramble the English language for the benefit of acronyms...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/RS6kpVlVy-I

#YouTube #COPPA #FTC

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Discussed in this episode:

"YouTube At Large"

YouTube Playlist - Hoeg Law

https://www.youtube.com/playlist?list=PL1zDCgJzZUy8BFeoOUFCRYmb92fkWbm58

"Will Kids' Privacy Crackdown Break the Internet?"

TechFreedom Panel - January 13, 2020

https://techfreedom.org/save-the-date-will-kids-privacy-crackdown-break-the-internet/

"TAKEAWAYS FOR CONGRESS: 1) Raising #COPPA's age from 13 to 16 would make things even more confusing... @jhousevlogs"

Tweet - January 13, 2020 - @TechFreedom

https://twitter.com/TechFreedom/status/1216777632307609600

"Bipartisan bill would give parents more power to protect their kids online"

Engadget - January 9, 2020 - Igor Bonifacic

https://www.engadget.com/2020/01/09/us-lawmakers-introduce-protect-kids-act/

"A BILL To amend the Children’s Online Privacy Protection Act of 1998."

HR 5573 - Introduced January 9, 2020

https://www.congress.gov/bill/116th-congress/house-bill/5573/text?q=%7B%22search%22%3A%5B%22protect+kids%22%5D%7D&r=4&s=1

"CHILDREN’S ONLINE PRIVACY PROTECTION"

15 USC Chapter 91

https://www.law.cornell.edu/uscode/text/15/chapter-91

COPPA Rule Final Rule Amendments

FTC Document - 2013

https://www.ftc.gov/system/files/2012-31341.pdf

"PART 312—CHILDREN'S ONLINE PRIVACY PROTECTION RULE"

Code of Federal Regulations

https://www.ecfr.gov/cgi-bin/text-idx?SID=4939e77c77a1a1a08c1cbf905fc4b409&node=16%3A1.0.1.3.36&rgn=div5

***

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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When YouTuber "MxR Plays" was served with a $6,000 "Notice of Settlement Fees" from viral video licensor Jukin Media, they (and others) immediately called the notice "extortion".

What are MxR accused of? Why did Jukin pick them to send their letter to? How did Jukin arrive at that $6,000 ($1,500 per clip) amount?

How does the law of Copyright describe infringement? How does the concept of Fair Use serve as a defense? How does the court determine when either will apply?

And how and when can the threat of a lawsuit be deemed extortionate?

We've got a lot to cover.

We're always balancing factors...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/VtV_nYZT-mg

#MxRPlays #JukinMedia #FairUse

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Discussed in this episode:

"We're being extorted for all our money and we don't know what to do anymore"

YouTube Video - January 9, 2020 - MxR Plays

https://www.youtube.com/watch?v=bwMPSdTOfQA

"Here are the charges Jukin media gave me."

Tweet - January 9, 2020 - @mmoxreview

https://twitter.com/mmoxreview/status/1215493310711644160

"Copyright strike basics"

YouTube Help

https://support.google.com/youtube/answer/2814000

"An attractive woman was arrested. This was her ridiculous response."

YouTube Video - December 9, 2020 - MxR Plays

https://www.youtube.com/watch?v=JLmrMboZSR4

"Volcano Eruption in Papua New Guinea"

Jukin Media Group

https://www.jukinmedia.com/licensing/view/12475

"Exclusive rights in copyrighted works"

17 USC Section 106

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

"Limitations on exclusive rights: Fair use"

17 USC Section 107

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

"More Information on Fair Use"

US Copyright Office Website

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

"Interference with commerce by threats or violence"

18 USC Section 1951

https://www.law.cornell.edu/uscode/text/18/1951

"Michael Avenatti and Nike: When does a lawful threat cross into extortion?"

NBC News - March 26, 2019 - Danny Cevallos

https://www.nbcnews.com/news/us-news/michael-avenatti-nike-when-does-lawful-threat-cross-extortion-n987256

"Ninth Circuit Says Fair Use Must be Considered Before Sending a DMCA Takedown Notice"

Jones Day Insights - September 2015

https://www.jonesday.com/en/insights/2015/09/ninth-circuit-says-fair-use-must-be-considered-before-sending-a-dmca-takedown-notice

***

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) Opening

(1:38) Disclaimer

(5:13) Media Settlement Fees

(9:33) Fair Use

(17:01) Limitations on Exclusive Rights

(18:56) Balancing Test

(21:47) Transformative Uses

(23:48) Nature of the Copyrighted Work

(30:03) Why Does Unlawful Threat Matter

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(0:00) Intro

(1:50) PlatinumGames

(6:15) Contacts

(8:30) What Platinum Said

(12:30) What Does That Mean

(19:34) Financing

Video gaming is going through a transition - slowly transforming itself from an industry built to create single player narrative epics, to one focused on delivering live service, always online, social experiences.

But then, what is a company like CD Projekt RED along with their crown jewel "Witcher" franchise, firmly rooted in the "epic" category, to do?

Netflix, Disney Plus, and the upcoming streaming wars of the 2020s might just offer (at least part of) the way forward.

It's all about branding the Butcher of Blaviken...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/Yj78MkuN9p0

#Witcher #Netflix #CDProjekt

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Discussed in this episode:

"You Got to Know When to Hold 'Em, and Know When to Flip 'Em"

Kotaku - January 27, 2012 - Owen Good

https://kotaku.com/you-got-to-know-when-to-hold-em-and-know-when-to-flip-5879833

"In Flip Ship, it’s all your fault"

Quarter To Three - January 24, 2012 - Tom Chick

https://www.quartertothree.com/fp/2012/01/24/in-flip-ship-its-all-your-fault/

"The Witcher 3 Had Its Biggest Day Ever On Steam"

Gamespot - January 6, 2020 - Jeremy Winslow (@_pbnjer)

https://www.gamespot.com/articles/the-witcher-3-had-its-biggest-day-ever-on-steam/1100-6472440/

The Witcher Show Page

Rotten Tomatoes - January 6, 2020

https://www.rottentomatoes.com/tv/the_witcher

"Uncharted movie loses another director"

Polygon - January 2, 2020 - Owen S. Good

https://www.polygon.com/2020/1/2/21046456/uncharted-movie-director-ps4-sony-pictures

"'THE WITCHER 3' GAME DEV CD PROJEKT RED SIGNS DEAL WITH ANDRZEJ SAPKOWSKI FOR MORE"

Newsweek - January 2, 2020 - Andrew Whalen

https://www.newsweek.com/witcher-3-game-cd-projekt-red-deal-andrzej-sapkowski-4-1480128

***

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/