Virtual Legality

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"Virtual Legality" is a continuing series discussing the law, rules, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law) of Northville, Michigan. 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. 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!

Hoeg Law


    • Oct 20, 2021 LATEST EPISODE
    • weekdays NEW EPISODES
    • 33m AVG DURATION
    • 614 EPISODES

    Listeners of Virtual Legality that love the show mention: rick, legal, video games, apple, industry, highly recommended, interesting, first, love, great, hoeg law.



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    Latest episodes from Virtual Legality

    "MERITLESS" - CA Hits Back On Ethics Charges In Activision Lawsuit (VL565)

    Play Episode Listen Later Oct 20, 2021 57:29

    The US Equal Employment Opportunity Commission (EEOC) sure did start a mess here as California's Department of Fair Employment and Housing (DFEH) punches back against Activision Blizzard's own request for an ethics investigation with a firm (but slightly unconvincing) "nuh uh". Oh boy, let's dive in. Someone is "incorrect" in what they've told the Court...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/aIkEAFUbmZI #Activision #California #EEOC *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 02:27 DFEH's Counsel Declaration 10:03 Are You Conflicted? 21:12 The "Conflict" Attorneys' Declarations 25:16 Screenings and Emails 29:57 DFEH's Opposition to Activision's Request 32:46 A Problem of Timeliness 35:42 A State of Emergency? 39:02 Some Additional Facts (Dates of Transfer) 45:19 A Stay Would Hurt The Employees (That's Why We Just Asked for One) 48:35 Sharing is Caring 51:42 Handwaving An Ethics Issue (Rule 4.3) 54:30 Conclusion *** Discussed in this episode: "Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ "EEOC FALLOUT: Activision Seeks Ethics Review of ENTIRE CA Lawsuit (VL563)" YouTube Video - October 19, 2021 - Hoeg Law https://youtu.be/ZvDqX1mGTBg "Did the EEOC Just DESTROY California's Activision Blizzard Lawsuit? (VL557)" YouTube Video - October 11, 2021 - Hoeg Law https://youtu.be/ZDOGC3PUGwo "The EEOC's Surprising Ethics Complaint Against California (Virtual Legality Briefs 557A)" YouTube Video - October 11, 2021 - Hoeg Law https://youtu.be/ShjxHwLXWeM DFEH Opposition to Activision Request for Stay (Ethics Complaint) (Search Case No: 21STCV26571) https://www.lacourt.org/ "Investigations" 42 USC 2000e-8 https://www.law.cornell.edu/uscode/text/42/2000e-8 EEOC v Activision Blizzard Opposition to Intervention (EEOC) https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.15.5.pdf California Professional Rules of Conduct https://www.calbar.ca.gov/Portals/0/documents/rules/Rule_1.11-Exec_Summary-Redline.pdf https://www.calbar.ca.gov/portals/0/documents/rules/rule_4.3-exec_summary-redline.pdf "ETHICS COMMITTEE FORMAL OPINION NO. 2021-1" California Lawyers Association https://calawyers.org/california-lawyers-association/ethics-committee-formal-opinion-no-2021-1/ *** "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

    SOLD SEPARATELY: Destiny's Content Cannibalization Quest Continues (VL564)

    Play Episode Listen Later Oct 20, 2021 19:01

    Bungie can't seem to get out of its own way of late when it comes to marketing the many (many!) different ways they seek to monetize their ardent Destiny fanbase. The latest foot fault comes in the form of a reddit communication explaining the ins and outs of accessing "dungeons" in the latest expansion to the game -- or trying to anyway. Is this simply a matter of confusion and communication? A greedy attempt to "tax" anything and everything (including your lack of faith)? Or something else? Everything's included in the Season Pass...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/5Wcsnf0iefw #Destiny #Dungeons #SoldSeparately *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 02:15 Dungeon Disparity 11:01 The Cost of Trust 16:26 Conclusion *** Discussed in this episode: "Destiny's Defunct Design - Can Bungie REALLY "Vault" Your Stuff? (VL559)" YouTube Video - October 13, 2021 - Hoeg Law https://youtu.be/jOaDc6O24nY "Hey everyone. We've seen some debate around the new dungeon content..." Reddit Comment https://www.reddit.com/r/DestinyTheGame/comments/qahau0/bungie_yes_you_can_upgrade_to_the_deluxe_edition/hh9dgr7/ Witch Queen Sales Page Bungie Website https://www.bungie.net/7/%7blocale%7d/Destiny/Buy/WitchQueen "Destiny 2: How To Get Through The Prophecy Dungeon And Defeat Its Bosses" The Gamer - September 10, 2021 https://www.thegamer.com/destiny-2-prophecy-dungeon-guide/ "Season pass (video games)" Wikipedia Entry https://en.wikipedia.org/wiki/Season_pass_(video_games) "Destiny 2 Dungeons are now locked to Deluxe Editions and players are furious" Dexerto - October 20, 2021 https://www.dexerto.com/destiny/destiny-2-dungeons-locked-deluxe-editions-players-furious-1679458/ "I've Spent Hundreds In Destiny 2's Eververse, But I'm Not Paying For A Transmog Timegate" Forbes - April 27, 2021 https://www.forbes.com/sites/paultassi/2021/04/27/ive-spent-hundreds-in-destiny-2s-eververse-but-im-not-paying-for-a-transmog-timegate/?sh=4b28969f63e0 "Destiny 2's Dungeon Drama Is More About Confusion Than Cost" Forbes - October 20, 2021 https://www.forbes.com/sites/paultassi/2021/10/20/destiny-2s-dungeon-drama-is-more-about-confusion-than-cost/?sh=60de99017992 *** "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

    EEOC FALLOUT: Activision Seeks Ethics Review of ENTIRE CA Lawsuit (VL563)

    Play Episode Listen Later Oct 19, 2021 42:19

    When the US Equal Employment Opportunity Commission (EEOC) executed the "nuclear option" against the State of California's Department of Fair Employment and Housing (DFEH), the federal agency had to know there might be fallout. That accusing the DFEH of operating in violation of professional ethics rules could be used by Activision to fight against the entirety of the action brought, and lo, it has come to pass. Join us as we talk about Activision's use of the EEOC's charge to request a pause of the California lawsuit, to request an investigation of the DFEH, and to call potentially the entire investigation into question. Fallout - It's not just for Bethesda...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/ZvDqX1mGTBg #Activision #California #EEOC *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 04:10 Activision's Motion - An Overview 13:12 Background on the EEOC's Claims 16:28 Legal Argument - Conflict of Interest 28:05 Legal Argument - Advice to Not Seek Counsel 38:21 Conclusion (Impact; Disqualification) *** Discussed in this episode: "Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ "Did the EEOC Just DESTROY California's Activision Blizzard Lawsuit? (VL557)" YouTube Video - October 11, 2021 - Hoeg Law https://youtu.be/ZDOGC3PUGwo "The EEOC's Surprising Ethics Complaint Against California (Virtual Legality Briefs 557A)" YouTube Video - October 11, 2021 - Hoeg Law https://youtu.be/ShjxHwLXWeM "Activision is asking the courts to pause California's sweeping misconduct lawsuit..." Tweet - October 19, 2021 - Stephen Totilo https://twitter.com/stephentotilo/status/1450538663721455617 Activision's Motion to Stay Proceedings (Ethics Investigation) (Search Case No 21STCV26571) https://www.lacourt.org/ Complex Case Definition https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_400 "California's Complex Court Program" Crowell and Moring Website https://www.crowell.com/NewsEvents/Publications/Articles/Californias-Complex-Court-Program "Lawyer Disqualification and Legal Malpractice" Legal Malpractice Firm Website https://www.thelegalmalpracticefirm.com/lawyer-disqualification-legal-malpractice/ *** "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

    Dbrand's Darkplate Return: Defiant, But Sony Got What It Wanted (VL562)

    Play Episode Listen Later Oct 19, 2021 28:05

    Now it's *really* not deja vu, and your eyes aren't deceiving you. It's just Day 2 (the final day?) of talking about dbrand, the maker of "Darkplates" for Sony's PS5. Faced with the delivery of a full design patent for the PS5's plates, the company has now said "checkmate, lawyers", by doing just about everything Sony asked of them, including redesigning their product. Take that, multinational corporation! Dbrand's defiant, but ultimately compliant...in Virtual Legality. CHECK OUT THE VIDEO AND LINKS AT: https://youtu.be/dcU05b6jcqE #dbrand #DarkPlates #PS5 *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 02:17 Publishing Issues 06:50 A Change in Design 11:21 Checkmate, Lawyers 19:36 Making Guarantees and Disparaging the Base Product 24:04 Controller Patent 25:10 A New Lawsuit? 26:45 Conclusion *** "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

    Dbrand Delisted: Sony PS5, Darkplates and Design Infringement (VL561)

    Play Episode Listen Later Oct 18, 2021 45:16

    It's not deja vu, it's just another PS5 plate seller yielding to legal threats from Sony. This time, dbrand, the maker of "Darkplates", is the company in question. But both dbrand and previously targeted manufacturer "Customize My Plates" have some *very* interesting things to say about why they've done what they've done. Join us for a discussion of industrial design, ornamentation, product configuration, and trademarks, as we look through reddit posts, redacted legal letters and more. We've got plenty of ornamentality, but it's primarily limited to the Christmas season...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/iTWc22-xHkY #dbrand #DarkPlates #PS5 *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 02:05 Poking the Bear 03:30 Pulling Down the Store 05:42 PlateStation version 2 08:28 Understanding Design Patents 16:15 Sony's Cease and Desist Letter 29:25 Dbrand Responds 33:26 Aftermarket Parts and Product Configuration 43:08 Conclusion *** Discussed in this episode: "Dbrand Dares Sony to Sue Over Its New Black Faceplates for the PS5" Gizmodo - February 12, 2021 https://gizmodo.com/dbrand-dares-sony-to-sue-over-its-new-black-faceplates-1846258088 "Dbrand pulls its PS5 Darkplates from sale after Sony threatens legal action" The Verge - October 16, 2021 https://www.theverge.com/2021/10/16/22728936/dbrand-pulls-ps5-darkplates-from-sale-sony-threatens-legal-action "SONY: Plate Has Its Limits (Legal Threats Against Plate Customizer) (VL350)" YouTube Video - November 2, 2021 - Hoeg Law https://youtu.be/QzsgBhjZ0E8 "PS5 Custom Plate Maker Returns After Cancelling All Previous Orders" IGN - January 20, 2021 https://sea.ign.com/news/167871/ps5-custom-plate-maker-returns-after-cancelling-all-previous-orders USPTO Website https://www.uspto.gov/ip-policy/patent-policy/industrial-designs https://www.uspto.gov/patents/basics/types-patent-applications/design-patent-application-guide https://www.uspto.gov/page/about-trademark-infringement "Patents for designs" 35 USC 171 https://www.law.cornell.edu/uscode/text/35/171 "Design patents: a growing trend in the hardware space" White and Case - July 29, 2019 https://www.whitecase.com/publications/article/design-patents-growing-trend-hardware-space "Industrial designs guide" Canadian Government Website http://www.ic.gc.ca/eic/siTe/cipointernet-internetopic.nsf/eng/h_wr02300.html?Open&wt_src=cipo-id-main&wt_cxt=learn "Contents and term of patent; provisional rights" 35 USC 154 https://www.law.cornell.edu/uscode/text/35/154 Sony Cease and Desist Letter (dbrand) https://s3.documentcloud.org/documents/21085950/sony-cd-letter-to-dbrand.pdf "Darkplates are dead. Thanks, Sony." Reddit Post - October 16, 2021 https://www.reddit.com/r/dbrand/comments/q94jua/darkplates_are_dead_thanks_sony/ "OEM Trademarks in the AfterMarket: Exploring the Boundaries" IP Watchdog Website - September 19, 2018 https://www.ipwatchdog.com/2018/09/19/oem-trademarks-aftermarket-exploring-boundaries/id=101163/ *** "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

    Labor Union Intervenes In Activision Blizzard Lawsuit - A Legal Look (VL560)

    Play Episode Listen Later Oct 15, 2021 60:11

    California isn't the only party unhappy with the Equal Employment Opportunity Commission (EEOC) and its proposed $18 million settlement with Activision Blizzard. The Communications Workers of America (CWA), a labor union that has already helped Activision employees file one charge with the National Labor Relations Board (NLRB), has decided to bring 31 separate complaints of its own. Are they legitimate? Are they not? Either way they're certainly very focused...on making sure Activision Blizzard leaves open the door for unionization. We're not sure they have standing, but they definitely want a seat...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/uK57WIicIHI #Activision #California #CWA *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 02:00 The CWA Intervenes 06:43 Notice and Waivers (1-2) 15:47 Damage Caps and California (3-4) 22:35 Scope, Definitions, and Non-Admissions (5-10) 30:51 Consultants, Claimants, and Complaints (11-15) 35:55 A Problem of Privilege (16) 38:13 Input, Input, Input (17-21) 43:28 Lawyers are Expensive (22) 47:16 More Input and a Section 7 Parade (23-28) 55:23 Training and Understanding (29-31) 57:13 Conclusion *** Discussed in this episode: "Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ "Activision Lawsuit - California Calls EEOC Liars, Union Joins Fight (VL558)" YouTube Video - October 12, 2021 - Hoeg Law https://youtu.be/fwM36bFow_Q CWA Request for Fairness Hearing October 12, 2021 https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.20.0.pdf "Employees of Activision Blizzard File Unfair Labor Practice Charge Against the Gaming Company" CWA Press Release - September 14, 2021 https://cwa-union.org/news/releases/employees-of-activision-blizzard-file-unfair-labor-practice-charge-against-gaming EEOC v Activision Blizzard Proposed Consent Decree https://investor.activision.com/consent-decree-with-EEOC EEOC v Activision Blizzard Opposition to Intervention - Exhibit A (EEOC) https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.15.6.pdf EEOC Website https://www.eeoc.gov/settlement-standards-and-procedures#section2f https://www.eeoc.gov/laws/guidance/enforcement-guidance-compensatory-and-punitive-damages-available-under-sec-102-cra https://www.eeoc.gov/employers/resolving-charge https://www.eeoc.gov/federal-sector/settlement-agreement "Right of employees as to organization, collective bargaining, etc." 29 USC 157 (NLRA Section 7) https://www.law.cornell.edu/uscode/text/29/157 *** "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

    Destiny's Defunct Design - Can Bungie REALLY Vault Your Stuff? (VL559)

    Play Episode Listen Later Oct 13, 2021 36:27

    Like it or not, the Destiny Content Vault (DCV) is back and badder than ever. Did you enjoy playing Forsaken, hunting barons, and winding your way through the Tangled Shore? Well too bad, Bungie's got new stuff to sell you. But as we look at questions of contract law, business models, good faith and more, one thing remains true - it's certainly a bold maneuver for the long time video game maker. Vault of Glass? More like vault of...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/jOaDc6O24nY #Bungie #Forsaken #Vault *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 01:09 The Destiny Content Vault 07:34 An Expansion Forsaken 16:05 License Terms and Live Content 28:38 Good Faith and Fair Dealing 34:10 Conclusion *** Discussed in this episode: "BUILDING A VIABLE FUTURE IN DESTINY 2" Bungie Blog - June 9, 2020 https://www.bungie.net/en/News/Article/49189 "DESTINY CONTENT VAULT UPDATE" Bungie Blog - October 7, 2021 https://www.bungie.net/en-us/Explore/Detail/News/50752 "Destiny 2: Forsaken (Steam Code For PC)" Bungie Store Page https://bungiestore.com/destiny-2-forsaken-steam-code-for-pc "Embracing its destiny, a support act takes centre stage." Excerpt - Edge Magazine - NOvember 2018 https://www.magzter.com/stories/Business/Edge/High-Moon-Studios "Limited Software License Agreement" Updated "2 months ago" https://www.bungie.net/7/en/Legal/sla Nova Contracting v City of Olympia April 18, 2017 (WA) https://scholar.google.com/scholar_case?case=2778468726736877436 "Honestly don't think you were harsh enough." Twitter Thread - October 9, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1446863328823980034 *** "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

    Activision Lawsuit - California Calls EEOC Liars, Union Joins Fight (VL558)

    Play Episode Listen Later Oct 12, 2021 58:33

    Not content to let the EEOC's claim of ethics violations in the Activision lawsuit go without response, the State of California's Department of Fair Employment and Housing (DFEH) has accused the federal agency of misrepresenting key facts and even breaching its "duty of candor" to the Court. Oh, and a new challenger has arrived - one that is claiming to represent Activision Blizzard employees with interests in the pending suits. Things are about to get (even more) wild...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/fwM36bFow_Q #Activision #California #EEOC *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 03:55 Escalating Correspondence 24:32 Lies, Damn Lies, and Worksharing 36:32 A Question of Dates 44:03 A Lack of Candor 50:08 A New Challenger Approaches 57:15 Conclusion *** Discussed in this episode: "Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ "Activision Blizzard: Sued By EEOC, Settles about an Hour Later (VL549)" YouTube Video - September 27, 2021 - Hoeg Law https://youtu.be/73rAxOukWWk EEOC v Activision Blizzard Exhibits, Motions and Declarations (October 9-12, 2021) https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.17.2.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.18.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.15.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.16.1.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.18.2.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.15.5.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.18.1.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.19.0_1.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.20.0.pdf California Government Code Section 12940 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12940.&lawCode=GOV DFEH/EEOC Workshare Agreement FY 2019 https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2019/01/WorksharingAgreementFY2019WSA.pdf "Equal Pay/Compensation and Sex Discrimination" EEOC Website https://www.eeoc.gov/equal-paycompensation-discrimination EEOC Settlement Standards EEOC Website https://www.eeoc.gov/settlement-standards-and-procedures *** "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

    Did The EEOC Just DESTROY California's Activision Blizzard Lawsuit? (VL557)

    Play Episode Listen Later Oct 11, 2021 77:59

    When the Equal Employment Opportunity Commission (EEOC) both sued and settled with Activision Blizzard on September 27, 2021, it was unclear how the State of California would take it. Now we know that the answer to that question was "not very well", as California's Department of Fair Employment and Housing (DFEH) has moved to challenged the proposed consent decree (settlement). What California may not have been prepared for, however, is just how the EEOC would react to such a request, and now their entire case may well be in jeopardy. We can't really recommend pissing off a federal agency...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/ZDOGC3PUGwo #Activision #California #EEOC *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 01:35 California Challenges the EEOC Settlement (Consent Decree) 10:32 EEOC Standards and Misreporting 24:11 EEOC Fights Back (Merits Objection) 42:14 Understanding Conflicts of Interest 58:27 EEOC Brings the Thunder (Conflict, Ethics Violations) 1:15:50 Conclusion *** Discussed in this episode: "Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ "Activision Blizzard: Sued By EEOC, Settles about an Hour Later (VL549)" YouTube Video - September 27, 2021 - Hoeg Law https://youtu.be/73rAxOukWWk EEOC v Activision Blizzard Proposed Consent Decree https://investor.activision.com/consent-decree-with-EEOC EEOC v Activision Blizzard Motion to Intervene (DFEH/California) https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.13.1.pdf EEOC Website https://www.eeoc.gov/settlement-standards-and-procedures#section2d https://www.eeoc.gov/d-notice-and-claims-procedures-settlement-class-cases https://www.eeoc.gov/c-considerations-requesting-fairness-hearing https://www.eeoc.gov/federal-sector/settlement-agreement EEOC v Activision Blizzard Declaration of Games Journalism Articles (DFEH/California) https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.13.8.pdf "California Steps In To Prevent Activision Blizzard Destroying Sexual Harassment Evidence" Kotaku - October 7, 2021 https://kotaku.com/california-steps-in-to-prevent-activision-blizzard-dest-1847821066 "Sort of feels like..." Twitter Thread - October 8, 2021 - Alanah Pearce https://twitter.com/Charalanahzard/status/1446548326241882112 EEOC v Activision Blizzard Opposition to Intervention - Exhibit A (EEOC) https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.15.6.pdf EEOC v Activision Blizzard Opposition to Intervention (EEOC) https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.15.5.pdf *** "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

    Epic v Apple: Apple Appeals Injunction, Lays Cards on Table (VL556)

    Play Episode Listen Later Oct 9, 2021 57:48

    "Epic vs Apple" Phase 2 continues in earnest with both parties now having notified the Ninth Circuit of their intent to appeal the trial court's decision. But while Epic continues to work on its brief, Apple has something more immediate to worry about: a 90 timer on the trial court's injunction of its "anti-steering" provision - a timer Apple would just as soon see paused, and its got plenty of arguments as to why. Stay means "it doesn't stay" ...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/2cjFnqdZXA4 #Epic #Apple #Lawsuit *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 04:00 Apple Asks Court to Stay Injunction (Overview) 18:12 Apple Argues It is Harmed 20:23 Poor Reporting and Poor Paddle 33:04 Apple Argues It Will Win Appeal 42:53 How Does the Injunction Help Epic, Exactly? 44:53 An Expansive View of California Law 51:06 Waiting For Things to Settle 53:34 Conclusion (Wait for Ninth Circuit) *** Discussed in this episode: "An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV "Epic v Apple: Just the Trial" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-TrSXpg6irNK7kbZt-NY0O Apple's Notice of Appeal Filed October 8, 2021 https://storage.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.820.0.pdf Apple's Motion to Stay Injunction Filed October 8, 2021 (Trial Court) https://storage.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.821.0_1.pdf "App Store Review Guidelines" Updated June 7, 2021 https://developer.apple.com/app-store/review/guidelines/ Epic Games v Apple Decided September 10, 2021 (N.D. CA) https://s3.documentcloud.org/documents/21060631/apple-epic-judgement.pdf "What Epic vs Apple means for SaaS" Paddle Blog - October 1, 2021 https://paddle.com/blog/what-epic-vs-apple-means-for-saas/ "All the benefits of the App Store without the hefty price tag" Paddle Website https://paddle.com/platform/in-app-purchase/ *** "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

    Twitch Data Breach Leaks Source Code, Streamer Earnings, and More (VL555)

    Play Episode Listen Later Oct 7, 2021 27:09

    Amazon's enormously popular game streaming platform, Twitch, is once again in the news (for all the wrong reasons), as it deals with the fallout of a data breach and "malicious" hack that left the streaming giant's source code in public hands and its streamers answering questions about their own earnings. But with such sensitive information out in the open there is much to discuss, both with respect to the nature of Twitch as a service and the laws surrounding a breach of this magnitude. I suspect Twitch is rather sick of being a subject...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/FkOSnLXKiKM #Twitch #Leak #DataBreach *** SUPPORTING THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction/Twitch Leak 05:45 Reporting, Streamer Earnings, and Largesse 12:40 Federal Hacking Law 15:32 Reporting a Breach 20:03 A Californian Example 25:01 Conclusion *** Discussed in this Episode: "The entirety of Twitch has reportedly been leaked" VGC - October 6, 2021 https://www.videogameschronicle.com/news/the-entirety-of-twitch-has-reportedly-been-leaked/ "We can confirm a breach has taken place." Tweet - October 6, 2021 - Twitch https://twitter.com/Twitch/status/1445770441176469512 "Updates on the Twitch Security Incident" Twitch Blog - October 6, 2021 https://blog.twitch.tv/en/2021/10/06/updates-on-the-twitch-security-incident/ "Hack of Amazon's Twitch shows top gamers rake in six-figure payouts" Los Angeles Times - October 6, 2021 https://www.latimes.com/business/technology/story/2021-10-06/amazons-twitch-hack-gamers-payouts "I respect the hell out of content creators..." Tweet - October 6, 2021 - Cliff Bleszinski https://twitter.com/therealcliffyb/status/1445799879016595457 "Ah, this is the 'those pro athletes..." Tweet - October 6, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1445812113595895808 "Fraud and related activity in connection with computers" 18 USC 1030 https://www.law.cornell.edu/uscode/text/18/1030 "DATA BREACH RESPONSE: A GUIDE FOR BUSINESS" FTC Website https://www.ftc.gov/tips-advice/business-center/guidance/data-breach-response-guide-business California Civil Code Section 1798.82 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1798.82 California Civil Code Section 1798.140 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=3.&part=4.&lawCode=CIV&title=1.81.5 California Civil Code Section 1798.80 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1798.80.&lawCode=CIV *** "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

    Licensing Lessons w/ Sora, Smash Brothers, Disney, And More (VL554)

    Play Episode Listen Later Oct 5, 2021 29:31

    The final Super Smash Brothers Ultimate character has arrived! And it's non other than fan favorite Sora of the Disney/Square Enix game franchise Kingdom Hearts. But with so many intellectual property cooks in the kitchen, just how difficult was it to bring the character to life in a Nintendo exclusive? And how does the announcement itself hint at least some of the restrictions that may have been imposed on such a collaboration? Can there be a Kingdom Hearts without the Magic Kingdom? Fans point to yes...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/XpSqMXX8Zwo #Sora #Smash #Sora4Smash *** SUPPORTING THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 02:43 Who Owns What 11:19 Practical Business 13:24 A Tricky Collaboration 16:00 The Licensor Review Process (Nomura) 18:23 A Distinct Lack of Disney 25:38 Sora Fans Speak/Conclusion *** Discussed in this Episode: "Super Smash Bros. Ultimate The Final Mr. Sakurai Presents Full Presentation" YouTube Video - October 5, 2021 - Gamespot https://youtu.be/eF8gwcGoD_o Halo Manual Reproduction https://halo.wiki.gallery/images/2/2a/HCE_Xbox_Manual.pdf Destiny Manual Reproduction https://dlassets-ssl.xboxlive.com/public/content/212b4dcb-549a-452b-9fe8-51748c1f7e07/GameManual/16388c79-e1ed-466e-b433-e027dfb8b6f7/en-US/index.html#article1236 Kingdom Hearts Manual Reproduction https://www.kingdomhearts.com/kh25manual/kingdom_hearts_25_manual_us.pdf Sample Development Agreement https://www.sec.gov/Archives/edgar/data/711065/000119312512237264/d238010dex1066.htm "HMK asks about Sora's rights and his chances at being in Smash Bros." KHInsider Forum - May 20, 2018 https://www.khinsider.com/forums/index.php?threads/hmk-asks-about-soras-rights-and-his-chances-at-being-in-smash-bros.216412/ "Special message by Tetsuya Nomura..." Tweet - September 27, 2018 - Kingdom Hearts https://twitter.com/KINGDOMHEARTS/status/1045373292712988672 "They were very thorough and did a great job..." Tweet - October 5, 2021 - Kingdom Hearts https://twitter.com/KINGDOMHEARTS/status/1445413122148290562 "Sakurai has stated that Smash Bros. is a Video Game celebration..." Twitter Thread - October 5, 2021 - Eduardo Lamhut https://twitter.com/elamhut/status/1445399617751891974 *** "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

    Facebook Whistleblower Frances Haugen: A Difficult Legal Case (VL553)

    Play Episode Listen Later Oct 4, 2021 39:43

    In an explosive 60 Minutes Interview, former Facebook employee Frances Haugen acted as "whistleblower" exposing her former employer's internal research on hate speech, divisiveness, and more, with the claim that the same was a violation of US securities laws. But did Ms. Haugen make a case that such laws were actually violated? How do whistleblower protections work, and will they be afforded if a claim stretches the boundary of what may or may not be illegal activity? And how does good old CDA Section 230 enter into the equation? There's a difference between whistleblowing and exposing what you don't like...in Virtual Legality. CHECK OUT THE LINKS AND VIDEO AT: https://youtu.be/Qd1m-HHQVqE #Facebook #WhistleBlower #FrancesHaugen *** SUPPORTING THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 01:41 The 60 Minutes Interview 14:52 SEC Complaints and Whistleblower Protection 25:52 Facebook's Response 32:07 CDA 230's Liability Shield 35:07 Whistleblower Awards 39:10 The Defend Trade Secrets Act 44:05 Conclusion *** "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

    SETTLEMENT! Scarlett Johansson and Disney End Black Widow Feud (VL552)

    Play Episode Listen Later Oct 1, 2021 19:00

    The Black Widow saga is ended. Scarlett Johansson and Disney have agreed to terms on the payments to be made to the actress/producer for her work in her character's solo MCU outing. But why now? And did anyone actually win in this fight? What did it cost? Certainly not everything (but a lot)...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/MqDIHF3Wrno #BlackWidow #Disney #Lawsuit *** SUPPORTING THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** Discussed in this Episode: "Black Widow Lawsuit! A Legal Look at Scarlett Johansson vs Disney (VL518)" YouTube Video - July 30, 2021 - Hoeg Law https://youtu.be/ws-rGPuGQv4 "Black Widow's $100 Million Mistake (Scarlett Johansson v Disney) (VL537)" YouTube Video - September 8, 2021 - Hoeg Law https://youtu.be/X4GPiQaYE9I "Scarlett Johansson, Disney Settle Explosive ‘Black Widow' Lawsuit" THR - September 30, 2021 https://www.hollywoodreporter.com/business/business-news/scarlett-johansson-disney-settle-black-widow-lawsuit-1235022598/ Scarlett Johansson v The Walt Disney Company Filed July 29, 2021 https://deadline.com/wp-content/uploads/2021/07/Complaint_Black-Widow-1-WM.pdf "Disney Strikes Back Over Scarlett Johansson's ‘Black Widow' Lawsuit, Reveals Her $20 Million Payday – Update" Deadline - July 29, 2021 https://deadline.com/2021/07/scarlett-johansson-walt-disney-co-black-widow-lawsuit-1234802440/ "Scarlett Johansson Asked For $100 Million After Black Widow Shifted To Disney+ Simultaneous Release - Report" Gamespot - September 8, 2021 https://www.gamespot.com/articles/scarlett-johansson-asked-for-100-million-after-black-widow-shifted-to-disney-simultaneous-release-report/1100-6495998/ "Disney & Scarlett Johansson Resolve Bitter ‘Black Widow' Profits Lawsuit; Big $$$ Win For Oscar Nominee" Deadline - September 30, 2021 https://deadline.com/2021/09/disney-black-widow-lawsuit-scarlett-johansson-rsettlement-1234847437/ "Top 2021 Movies at the Worldwide Box Office" The Numbers https://www.the-numbers.com/box-office-records/worldwide/all-movies/cumulative/released-in-2021 *** "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

    Nintendo Denies Switch 4K Rumors...Or Does It? (VL551)

    Play Episode Listen Later Sep 30, 2021 18:24

    It's Nintendo Switch Pro rumor time again! Now with even more denials from Nintendo. What did Bloomberg report? How was it characterized by Nintendo? And when is a lie not a lie? Parsing - it's not just a programming term...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/d7ZmDw6Rgxg #Activision #Blizzard #Lawsuit *** SUPPORTING THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** Discussed in this Episode: "Developers Are Making Games for a Nintendo 4K Console That Doesn't Exist" Bloomberg - September 29, 2021 https://www.bloomberg.com/news/articles/2021-09-29/nintendo-switch-4k-developers-make-games-for-nonexistent-console "A news report on Sept. 30, 2021(JST) falsely claims..." Tweet - September 29, 2021 - [Nintendo Investor Relations] https://twitter.com/NintendoCoLtd/status/1443366440183074819 Nintendo Investor Q&A February 1, 2021 https://www.nintendo.co.jp/ir/pdf/2021/210202e.pdf "Nintendo announces Nintendo Switch OLED Model with a vibrant 7-inch OLED screen launching Oct 8" Nintendo Website - July 6, 2021 https://www.nintendo.com/en_CA/whatsnew/detail/2021/nintendo-announces-nintendo-switch-oled-model-with-a-vibrant-7-inch-oled-screen-launching-oct-8/ "Rumour: Nintendo to Announce Bigger 3DS Tomorrow" NintendoLife - June 4th, 2012 https://www.nintendolife.com/news/2012/06/rumour_nintendo_to_announce_bigger_3ds_tomorrow "About today's Nihon Keizai Shimbun report" NIntendo Website - June 5, 2012 https://www.nintendo.co.jp/corporate/release/2012/120605.html "Nintendo Announces Super-Sized 3DS XL for August" Wired - June 22, 2012 https://www.wired.com/2012/06/nintendo-3ds-xl/ "Microsoft to Buy Bungie? When is a Denial Not Really a Denial? (VL314)" YouTube Video - September 15, 2020 - Hoeg Law https://studio.youtube.com/video/coA9C4S3ZCU/edit?o=U *** "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

    A New World: Amazon, Netflix, Arms Races, and The Metaverse (VL550)

    Play Episode Listen Later Sep 30, 2021 21:04

    As Amazon Games experiences its first success with New World, Netflix launches both its mobile gaming initiative and announces its first studio new acquisition. What does the future of gaming hold? It might be something very different from its past. Big Tech and gaming have really just met, but that doesn't make them met-averse...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/_8e8SQroArg #Activision #Blizzard #Lawsuit *** SUPPORTING THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** Discussed in this Episode: "New World is Already Steam's Most Played Game of 2021 Despite Server Struggles" IGN - September 28, 2021 https://www.ign.com/articles/amazon-games-new-world-mmo-steam-2021-most-played "Amazon's Crucible Shuts Down For Good After Returning To Closed Beta" ScreenRant - October 9, 2020 https://screenrant.com/amazon-crucible-shut-down-second-closed-beta/ "Focusing on Stadia's future as a platform, and winding down SG&E" Google Blog Post - February 1, 2021 https://blog.google/products/stadia/focusing-on-stadias-future-as-a-platform-and-winding-down-sge/ "Expanding Our Games Team With the Acquisition of Night School Studio" Netflix Blog - September 28, 2021 https://about.netflix.com/en/news/expanding-our-games-team-with-the-acquisition-of-night-school-studio "We are joining the Netflix team." Night School Studio Blog - September 28, 2021 https://nightschoolstudio.com/joining-netflix/ "Netflix buys first video game studio, rolls out mobile games" Reuters - September 28, 2021 https://www.reuters.com/technology/netflix-rolls-out-mobile-games-users-select-european-markets-2021-09-28/ "Epic Games believes the Internet is broken. This is their blueprint to fix it." Washington Post - September 28, 2021 https://www.washingtonpost.com/video-games/2021/09/28/epic-fortnite-metaverse-facebook/ *** "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

    Activision Blizzard: Sued By EEOC, Settles about an Hour Later (VL549)

    Play Episode Listen Later Sep 28, 2021 45:30

    You are unlikely to find a lawsuit and settlement quite as closely situated in time as those between the US Equal Employment Opportunity Commission (EEOC) and Activision Blizzard on September 27, 2021. But while some are enthused that Activision is finally realizing *some* cost for the behavior alleged, others are upset at the size of the offering. Who is right? What did the EEOC charge Activision with (and how does it differ from what California did)? And how do statutory caps and settlement requirements affect the situation? The devil is in the details (or the charging documents)...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/73rAxOukWWk #Activision #Blizzard #Lawsuit *** SUPPORTING THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 01:23 The EEOC Lawsuit 14:16 Activision Settles 16:52 Statutory Damage Caps 18:55 The Proposed Consent Decree (Settlement) 25:11 A Release of Claims 27:46 The Settlement Fund ($18 million) 32:11 EEOC Monitoring (The EEO Consultant) 39:35 California Suit Timing Update 43:38 Conclusion *** Discussed in this Episode: "Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ "Activision Blizzard: Understanding the SEC and EEOC Investigations (VL543)" YouTube Video - September 21, 2021 - Hoeg Law https://youtu.be/piDbzSfmnjM EEOC vs Activision Blizzard Filed September 27, 2021 https://www.scribd.com/document/527872353/US-Equal-Employment-Opportunity-Commission-vs-Activision-Blizzard "What You Should Know: The EEOC, Conciliation, and Litigation" EEOC Guidance Document https://www.eeoc.gov/laws/guidance/what-you-should-know-eeoc-conciliation-and-litigation DFEH (California) vs Activision Blizzard et al Filed July 20, 2021 https://aboutblaw.com/YJw "Damages in cases of intentional discrimination in employment" 42 USC 1981a https://www.law.cornell.edu/uscode/text/42/1981a "Activision Blizzard Commits to Expanded Workplace Initiatives, Reaches Agreement with the EEOC" Activision Press Release - September 27, 2021 https://investor.activision.com/news-releases/news-release-details/activision-blizzard-commits-expanded-workplace-initiatives EEOC v Activision Blizzard Proposed Consent Decree https://investor.activision.com/consent-decree-with-EEOC "Resolving a Charge" EEOC Website https://www.eeoc.gov/employers/resolving-charge "For folks asking on timing of Activision's response..." Twitter Thread - September 27, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1442598861382504451 *** "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

    Bungie Stealing Fan Art? Destiny, Derivative Works, and Copyright (VL548)

    Play Episode Listen Later Sep 27, 2021 21:09

    Fans want to support and create in the universes they love and Bungie's Destiny universe is no different. But what happens when the owner of that universe uses a fan creation in its own material? What are derivative works and what does it mean when they are created without permission? Why is it very difficult to get the legal protection an artist might otherwise have in almost any other circumstance? And why are "fan" guidelines not the answer to the question? Perhaps that wizard came from Deviant Art...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/km1qmfKMdtU #Bungie #Destiny2 #FanArt *** SUPPORTING THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 01:35 Bungie Uses Fan Art in Trailer 05:20 Copyright and Derivative Works 11:05 Bungie's Fan Guidelines and Largesse 14:51 A Common Refrain 19:01 Conclusion *** Discussed in this Episode: "All this deception. All the lies." Tweet - September 24, 2021 - Destiny 2 https://twitter.com/DestinyTheGame/status/1441448447668723714 "‘Destiny 2' Used Xivu Arath Fan Art For New ‘Witch Queen' Trailer" Forbes - September 25, 2021 https://www.forbes.com/sites/paultassi/2021/09/26/destiny-2-used-xivu-arath-fan-art-for-new-witch-queen-trailer/ "Some more dreamin of miss Xivu Arath" Tweet - October 30, 2021 - Mal E https://twitter.com/relay314/status/1322156864939925514 "Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106 "Definitions" 17 USC 101 https://www.law.cornell.edu/uscode/text/17/101 "Copyright in Derivative Works and Compilations" Circular 14 - Copyright Office https://www.copyright.gov/circs/circ14.pdf "Guidelines On Fan-Created Media And Art" Bungie Website https://help.bungie.net/hc/en-us/articles/360049201911-Intellectual-Property-and-Trademarks "Marvel is stealing fan-made Star Wars content; they're not even giving credit to the artists...... Again!" Reddit Thread - 2 Years Ago https://www.reddit.com/r/StarWars/comments/dy9218/marvel_is_stealing_fanmade_star_wars_content/ "Several people have mentioned..." Tweet - September 16, 2021 - James St.Onge - Art of Engineering https://twitter.com/aoEngineering/status/1438648778702086153 "SNL Just Stole A Sonic Fan's Art (And Put It On National TV)" The Gamer - May 11, 2020 https://www.thegamer.com/snl-stole-sonic-fan-art/ "Disney Producer Apologizes For Stealing YouTube Creator's Tower of Terror Work" ScreenRant - September 22, 2021 https://screenrant.com/tower-terror-art-work-disney-youtube-stolen-apology/ "Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107 "Could be that his work was a fair use and copyright protected." Tweet - May 10, 2020 - Leonard J French https://twitter.com/leonardjfrench/status/1259638713333809152 *** "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

    Made For Hire? Understanding The "Marvel Method" Copyright Controversy (VL547)

    Play Episode Listen Later Sep 25, 2021 31:33

    Marvel and Disney's ownership of major characters like Spider-Man, Doctor Strange, and Thor is being challenged by the estates of the individuals that originally created them, but do those individuals have the right to terminate decades old agreements? The answer may turn entirely on a court's interpretation of a law written in 1909, and what exactly it meant for each creator to participate in the "Marvel Method". To Heir is Human, to Terminate Devine...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/OBFUPQohCsk #Marvel #Copyright #Disney *** SUPPORTING THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 01:03 The Controversy 06:43 What is Work Made for Hire? 08:54 Terminating Assignments 14:35 The Marvel Lawsuit 15:58 1909 and The Marvel Method (Kirby) 20:53 Instance and Expense 28:30 Conclusion *** Discussed in this Episode: "Marvel Sues to Block Heirs From Reclaiming Spider-Man, Doctor Strange Copyrights" Variety - September 24, 2010 https://variety.com/2021/film/news/spider-man-captain-america-marvel-copyrigh-termination-1235072997/ "Contempt of Court?! Did Destiny's Composer Steal His Own Music? (VL541)" YouTube Video - September 17, 2021 - Hoeg Law https://youtu.be/tT6AnLMbPaM "Works Made for Hire" Copyright Office Circular https://www.copyright.gov/circs/circ09.pdf Form of Consulting Agreement SEC EDGAR Database https://www.sec.gov/Archives/edgar/data/1590418/000168316819000690/focus_ex9906.htm "Duration of copyright: Subsisting copyrights" 17 USC 304 https://www.law.cornell.edu/uscode/text/17/304 "Termination of transfers and licenses granted by the author" 17 USC 203 https://www.law.cornell.edu/uscode/text/17/203 Marvel Characters, Inc. v Ditko Complaint for Declaratory Relief - Filed September 24, 2021 https://fingfx.thomsonreuters.com/gfx/legaldocs/xmvjokqnzpr/IP%20MARVEL%20COPYRIGHT%20ditkocomplaint.pdf Works Made for Hire under the 1909 Copyright Law Copyright Office Leaflet (2005) https://copyright.gov/comp3/chap2100/doc/appendixE-madeforhire.pdf Marvel Characters, Inc. v. Kirby 726 F.3d 119 (2d Cir. 2013) https://casetext.com/case/marvel-characters-inc-v-kirby "Steve Ditko's Role in the Creation of the 'Marvel Method'" CBR Website - August 28, 2018 https://www.cbr.com/steve-ditko-stan-lee-marvel-method/ *** "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

    What Even Is Non-Competition? Games Workshop and the Very Odd NDA (VL546)

    Play Episode Listen Later Sep 24, 2021 22:25

    Games Workshop (controllers of Warhammer and Warhammer 40k) has had a bit of legal drama surrounding it of late, but the latest is perhaps even more interesting than most. What is normal in an Non-Disclosure Agreement? What is not? And what makes a non-competition provision "very odd"? It's possible you're already indirectly engaged with GW just by being...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/OGDw2Noh2Xk #GamesWorkshop #NDA #NonCompete *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 01:36 The NDA 04:14 Ambiguous Definitions 09:54 Some Very Broad Restrictions 16:46 Reputational Harm 19:56 Conclusion *** "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

    Epic v Apple: APPLE LIED? Fortnite Out For (Much) Longer than a Fortnight (VL545)

    Play Episode Listen Later Sep 23, 2021 41:57

    "Apple lied." - Tim Sweeney, September 22, 2021 Fortnite will not return to iOS (or Apple in general) until the court process has played itself out. Epic (through CEO Tim Sweeney) claims this a reversal of promises made by Apple both publicly and privately. But is it? And just how long is the court process likely to be anyway? This playlist is not going away any time soon...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/GU1Q7OR4MuA #Epic #Apple #Lawsuit *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 02:04 Apple's "Lies" 07:01 Epic's "Agreement" 21:10 A Long Appeals Road 25:01 Apple's Rejection 28:29 A Matter of Trust 36:52 Projection on the Opposition 39:34 Conclusion *** Discussed in this episode: "An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV "Apple lied." Twitter Thread - September 22, 2021 - Tim Sweeney https://twitter.com/TimSweeneyEpic/status/1440711467888615431 "Apple lied, breaks its promise to allow Fortnite back on iOS under its rules" Epic Games Website https://www.epicgames.com/site/en-US/news/apple-lied-breaks-its-promise-to-allow-fortnite-back-on-ios-under-its-rules Epic v Apple Apple Opposition to TRO - August 21, 2020 https://storage.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.36.0_2.pdf "Apple won't let Epic bring Fortnite back to South Korea's App Store" The Verge - September 10, 2021 https://www.theverge.com/2021/9/10/22666146/apple-epic-korea-fortnite-developer-account-rules-response "Epic v Apple: ROUND 2! Epic's Appealing an Apple Win (VL539)" YouTube Video - September 13, 2021 - Hoeg Law https://youtu.be/nZU_7f91ZDo Epic v Apple Notice of Appeal (9th Circuit) https://s3.documentcloud.org/documents/21061142/epic-games-appeal.pdf "Epic v Apple: Judgment Day - Who Won? Who Lost? ...and Why? (VL538)" YouTube Video - September 10, 2021 - Hoeg Law https://youtu.be/43CMV8KIs3E Epic Games v Apple Decided September 10, 2021 (N.D. CA) https://s3.documentcloud.org/documents/21060631/apple-epic-judgement.pdf Epic v Apple Filed Injunction https://www.documentcloud.org/documents/21060628-epic-apple-injunction "FTR: Median time for final disposition..." Tweet - September 23, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1440788060157865991 Median Disposition Time Table https://www.uscourts.gov/sites/default/files/data_tables/jb_b4a_0930.2020.pdf NINTH CIRCUIT FREQUENTLY ASKED QUESTIONS https://www.ca9.uscourts.gov/general/faq/ "Fortnite will return to the iOS App Store when ..." Tweet - September 10, 2021 - Tim Sweeney https://twitter.com/TimSweeneyEpic/status/1436370846545809410 "hey siri what is a button" Tweet - September 12, 2021 - Tim Sweeney https://twitter.com/TimSweeneyEpic/status/1437123251046649866 "Decorating your castle walls with the skulls of your enemies went out of fashion..." Tweet - September 23, 2021 - Tim Sweeney https://twitter.com/TimSweeneyEpic/status/1441043041620570117 *** "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

    Did Twitch's NMPA Music Agreement Just Make The DMCA Worse? (VL544) (1)

    Play Episode Listen Later Sep 22, 2021 33:44

    Twitch and the DMCA. What a pair. After 2020's deluge of music industry complaints, the game streaming platform has been scrambling both to assuage the content creators that make up its business, and to get itself out of the line of fire. With this week's announcement of an agreement with the The National Music Publishers' Association (NMPA), it's clear that one goal has won out over the other. When is a "process" both not the DMCA and also *definitely* the DMCA? In Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/nWQDCjceS-U #Twitch #DMCA #Copyright *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 02:11 A Musical History 07:49 The NMPA Agreement 11:40 A New Reporting Process 16:55 Understanding the DMCA 21:31 The Repeat Infringer Problem 30:43 Conclusion *** Discussed in this episode: "END of Twitch DMCA Bans?? Twitch's NEW Music Deal" YouTube Video - September 21, 2021 - Devin Nash https://youtu.be/9OmtXF3Rtws "Twitch and National Music Publishers' Association Unveil Agreement, Ending Months of Animosity" Variety - September 21, 2021 https://variety.com/2021/digital/news/twitch-national-music-publishers-association-deal-nmpa-1235070276/ "Twitch, Amazon Slammed by RIAA and Major Industry Groups for Using Unlicensed Music; Twitch Disputes Claim" Variety - October 26, 2020 https://variety.com/2020/digital/news/twitch-amazon-unlicensed-music-riaa-recording-academy-1234815503/ "Music-Related Copyright Claims and Twitch" Twitch Blog - November 11, 2020 https://blog.twitch.tv/en/2020/11/11/music-related-copyright-claims-and-twitch/ "NMPA AND TWITCH ANNOUNCE AGREEMENT" NMPA Press Release - September 21, 2021 https://www.nmpa.org/nmpa-and-twitch-announce-agreement/ TWITCH EMAIL (via Twitter) https://twitter.com/HoegLaw/status/1440444793310507011 "Limitations on liability relating to material online" 17 USC 512 (The DMCA) https://www.law.cornell.edu/uscode/text/17/512 Section 512 of Title 17 Copyright Office Report - May 2020 https://www.copyright.gov/policy/section512/section-512-full-report.pdf "Digital Millennium Copyright Act Notification Guidelines" Twitch DMCA Guidelines - Updated July 19, 2021 https://www.twitch.tv/p/en/legal/dmca-guidelines/ *** "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

    music twitch worse usc limitations agreement dmca riaa animosity richard hoeg virtual legality
    Activision Blizzard: Understanding the SEC and EEOC Investigations (VL543)

    Play Episode Listen Later Sep 21, 2021 37:29

    "An Activision spokeswoman...on Monday confirmed that the SEC's investigation concerns the company's disclosures regarding employment matters..., adding that the agency has subpoenaed several current and former employees..." Wall Street Journal - September 20, 2021 *** Activision Blizzard's problems with the State of California and their related problems with messaging and personnel have only grown in the past 24 hours, as the Wall Street Journal has confirmed federal investigations of the beleaguered publisher by both the SEC and EEOC. What are those agencies investigating and how does such an investigation proceed? Why is one potentially more serious than the other? And why does Activision's messaging keep failing to assuage investor fears? It's time to make a federal case of it...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/piDbzSfmnjM #California #Activision #Lawsuit *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 01:23 The Securities and Exchange Commission (SEC) Investigation 11:29 Do you have to disclose investigations? 23:12 The Equal Employment Opportunity Commission (EEOC) Investigation 32:24 Activision and Investors Respond 35:41 Conclusion *** Discussed in this episode: "California vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ "SEC Is Investigating Activision Blizzard Over Workplace Practices, Disclosures" Wall Street Journal - September 20, 2021 https://www.wsj.com/articles/sec-is-investigating-activision-blizzard-over-workplace-practices-disclosures-11632165080 "The SEC Is Now Investigating Activision Blizzard for Discrimination and Harassment" IGN - September 20, 2021 https://www.ign.com/articles/sec-activision-blizzard-federal-investigation "How Investigations Work" SEC Website https://www.sec.gov/enforce/how-investigations-work.html "Cheng v Activision Blizzard" Filed August 3, 2021 https://www.bloomberglaw.com/public/desktop/document/ChengvActivisionBlizzardIncetalDocketNo221cv06240CDCalAug032021Co?1628012094 "Do You Have to Disclose a Government Investigation?" Harvard Law Forum on Corporate Governance https://corpgov.law.harvard.edu/2016/04/09/do-you-have-to-disclose-a-government-investigation/ Activision Blizzard EDGAR FILINGS https://www.sec.gov/edgar/browse/?CIK=718877&owner=exclude "SEC investigating Activision Blizzard" GamesIndustryBiz - September 20, 2021 https://www.gamesindustry.biz/articles/2021-09-20-sec-investigating-activision-blizzard "Enforcement provisions" 42 USC 2000e-5 (EEOC) https://www.law.cornell.edu/uscode/text/42/2000e-5 "What You Can Expect After a Charge is Filed" EEOC Webpage https://www.eeoc.gov/employers/what-you-can-expect-after-charge-filed "What You Should Know: The EEOC, Conciliation, and Litigation" EEOC Guidance Document https://www.eeoc.gov/laws/guidance/what-you-should-know-eeoc-conciliation-and-litigation "Activision Blizzard Provides Update on Workplace Initiatives" Activision Press Release - September 21, 2021 https://investor.activision.com/news-releases/news-release-details/activision-blizzard-provides-update-workplace-initiatives *** "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

    Questionable Timing: On Delays to Reviews, Access, and "Day One" (VL542)

    Play Episode Listen Later Sep 20, 2021 19:26

    What do PlayStation exclusive Kena: Bridge of Spirits, multi-platform Yakuza franchise spin-off Lost Judgment, and Xbox exclusive Forza Horizon 5 all have in common? Some questionable timing. Review Embargoes, "early" access bonuses, and marketing with "Day One" when a release is anything but are all on the menu today. What do you call a review that's kept from sight? Lost Judgment...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/W6uFby9l5_E #Kena #LostJudgment #ForzaHorizon *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** Discussed in this episode: PlayStation Blog Posts for Kena: Bridge of Spirits https://blog.playstation.com/tag/kena-bridge-of-spirits/ "They set the embargo for launch day?" Twitter Thread - September 20, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1439980767187189761 "Bethesda Isn't Sending Out Early Review Copies Of Doom" Kotaku - May 11, 2016 https://www.kotaku.com.au/2016/05/bethesda-isnt-sending-out-early-review-copies-of-doom/ "Lost Judgment pre-order and post-launch details revealed" PlayStation Blog - September 3, 2021 https://blog.playstation.com/2021/09/03/lost-judgment-pre-order-and-post-launch-details-revealed/ "Lost Judgment Does Not Work On PlayStation Consoles Despite Being Released" GameRant - September 20, 2021 https://gamerant.com/lost-judgment-not-work-playstation-consoles-release/ "We've been made aware of delays regarding Lost Judgment's Early Access..." Tweet - September 20, 2021 - RGG Studio https://twitter.com/RGGStudio/status/1439926934293594117 "Lost Judgment: Which Edition Should You Buy?" The Gamer - September 3, 2021 https://www.thegamer.com/lost-judgment-version-edition-differences/ "PlayStation Store cancellation policy" https://www.playstation.com/en-us/legal/playstation-store-cancellation-policy/ "PLAY NEW RELEASES ON DAY ONE" Xbox Website https://www.xbox.com/en-US/xbox-game-pass/play-day-one Forza Horizon 5 Premium Edition Xbox Website https://www.microsoft.com/en-us/p/forza-horizon-5-premium-edition/ *** "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

    Contempt Of Court?! Did Destiny's Composer Steal His Own Music? (VL541)

    Play Episode Listen Later Sep 17, 2021 29:32

    Marty O'Donnell is one of the best known composers of video game music in its history, responsible for not only the iconic Halo hymn but also the baseline for Destiny's own unique sound. But in falling out with game developer Bungie in 2014, Mr. O'Donnell lost the rights to the music he had created for such projects as a result copyright law (and "work made for hire"). But when, in 2019 he started posting materials he had told the court he did not possess, well...things got worse. In respect of obeying court orders, it should be "The Music of the Fears"...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/tT6AnLMbPaM #Bungie #ODonnell #Music *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 01:50 A Contentious History 15:41 Self-Help and Contempt of Court 21:01 Works Made for Hire and Employer Ownership 26:35 Conclusion *** Discussed in this episode: "Former Bungie composer Marty O'Donnell found in contempt of court over use of Destiny assets" Eurogamer - September 16, 2021 https://www.eurogamer.net/articles/2021-09-16-former-bungie-composer-marty-odonnell-found-in-contempt-of-court-over-use-of-destiny-assets "Ex-Bungie composer Marty O'Donnell wins epic legal fight with former bosses" GamesBeat - September 4, 2015 https://venturebeat.com/2015/09/04/ex-bungie-composer-marty-odonnell-wins-epic-legal-fight-with-former-bosses/ "To be clear..." Tweet - June 11, 2013 - Marty O'Donnell https://twitter.com/MartyTheElder/status/344620774235185152 "I'm saddened..." Tweet - April 16, 2014 - Marty O'Donnell https://twitter.com/MartyTheElder/status/456303189998841856 "The day the music died: When Bungie fired Marty O'Donnell" Eurogamer - April 13, 2016 https://www.eurogamer.net/articles/2016-04-12-the-day-the-music-died-when-bungie-fired-marty-odonnell "Hmm...better find a way to download Music of the Spheres." Tweet - April 28, 2018 - Marty O'Donnell https://twitter.com/MartyTheElder/status/990399738389254144 "Bungie says it's finally releasing Destiny's Music of the Spheres" Eurogamer - April 30, 2018 https://www.eurogamer.net/articles/2018-04-30-bungie-says-its-finally-releasing-destinys-music-of-the-spheres "Works Made for Hire" Copyright Office Circular https://www.copyright.gov/circs/circ09.pdf Form of Consulting Agreement SEC EDGAR Database https://www.sec.gov/Archives/edgar/data/1590418/000168316819000690/focus_ex9906.htm *** "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

    Activision SUED AGAIN?! Not So Fast...(Understanding The NLRB)(VL540)

    Play Episode Listen Later Sep 17, 2021 28:07

    "Within the last six months [Activision Blizzard] has repeatedly engaged in unlawful conduct by threatening employees in the exercise of the rights guaranteed by Section 7 [of the National Labor Relations Act]." NLRB Charging Document filed on behalf of "A Better ABK" - September 10, 2021 *** A Better ABK, the group of Activision Blizzard employees who earlier set forth a list of demands of the game publisher and further helped organize this summer's walkout, has joined forces with the Communications Workers of America (AFL-CIO) union, to formally charge Activision Blizzard with violating the National Labor Relations Act. What is Activision Blizzard accused of doing? In what way are A Better ABK's arguments strong (and how are they weak)? And why is any description of the matter as a lawsuit, almost entirely wrong. It's time to dive into labor relations...in Virtual Legality. CHECK OUT THE VIDEO AND LINKS AT: https://youtu.be/FopOUwzQHHk #California #Activision #Lawsuit *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction (Special Thanks - NORD) 01:43 Charges (Not Lawsuits) Filed with the NLRB 09:05 What Are Unfair Labor Practices? 14:29 How Does the NLRB Work? 22:56 Rearranging Executive Chairs 26:44 Conclusion *** "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

    Epic v Apple: ROUND 2! Epic's Appealing An Apple Win (VL539)

    Play Episode Listen Later Sep 13, 2021 34:12

    Not one to be put off by such a little thing as a 185 page trial court ruling, Epic Games has done what was anticipated and immediately appealed. In other words "Epic v Apple - Round 2" begins now. So why is Epic appealing when Apple is still on the fence? And what can we learn about the Ninth Circuit reversal rate in the process? We don't skip *appealing* puns...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/nZU_7f91ZDo #Epic #Apple #Lawsuit *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 0:00 Introduction 1:04 Epic Appeals 2:32 Why Appeal? 8:21 When is a Win not a Win? 12:27 Contractual Commissions (Apple and Unreal) 26:30 An Apple Appeal? 28:06 Ninth Circuit and Reversal Stats 32:46 Conclusion *** Discussed in this episode: "An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV "Epic v Apple: Judgment Day - Who Won? Who Lost? ...and Why? (VL538)" YouTube Video - September 10, 2021 - Hoeg Law https://youtu.be/43CMV8KIs3E "Epic has appealed Friday's ruling in the Epic v. Apple case" The Verge - September 12, 2013 https://www.theverge.com/2021/9/12/22670269/epic-files-appeal-fortnite-legal-battle Epic v Apple Notice of Appeal (9th Circuit) https://s3.documentcloud.org/documents/21061142/epic-games-appeal.pdf "Apple must allow other forms of in-app purchases, rules judge in Epic v. Apple" The Verge - September 10, 2021 https://www.theverge.com/2021/9/10/22662320/epic-apple-ruling-injunction-judge-court-app-store "The Epic v. Apple ruling could put a serious dent in Apple's $19 billion App Store business" The Verge - September 10, 2021 https://www.theverge.com/2021/9/10/22667047/apple-epic-ruling-games-app-store-fortnite-revenue-purchases-business "Epic Wins Big Fortnite Lawsuit Against Apple" Kotaku - September 10, 2021 https://kotaku.com/epic-wins-big-fortnite-lawsuit-against-apple-1847653612 "A COMPREHENSIVE BREAKDOWN OF THE EPIC V. APPLE RULING" The Verge - September 12, 2021 https://www.theverge.com/2021/9/12/22667694/epic-v-apple-trial-fortnite-judge-yvonne-gonzalez-rogers-final-ruling-injunction-breakdown Epic Games, Inc. v Apple Inc. Filed August 13, 2020 (US N.D. Cal) https://cdn2.unrealengine.com/apple-complaint-734589783.pdf Epic Games v Apple Decided September 10, 2021 (N.D. CA) https://s3.documentcloud.org/documents/21060631/apple-epic-judgement.pdf "App Store Review Guidelines" Updated June 7, 2021 https://developer.apple.com/app-store/review/guidelines/ "Paid Applications Agreement (Schedules 2 and 3 of the Apple Developer Program License Agreement)" https://developer.apple.com/support/downloads/terms/schedules/Schedule-2-and-3-20210607-English.pdf Unreal Engine End User License Agreement For Publishing https://www.unrealengine.com/en-US/eula/publishing "Apple hasn't decided whether to appeal the Epic v. Apple ruling" The Verge - September 13, 2021 - Hoeg Law https://www.theverge.com/2021/9/13/22671736/epic-apple-fortnite-antitrust-case-ruling-appeal-decision Ninth Circuit 2020 Annual Report https://cdn.ca9.uscourts.gov/datastore/judicial-council/publications/AnnualReport2020.pdf *** "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

    Epic v Apple: Judgment Day - Who Won? Who Lost? ...and Why? (VL538)

    Play Episode Listen Later Sep 11, 2021 146:21

    It's the day we've long waited for. The "Epic vs Apple" decision is in...and it's 185 pages long. Who won? Who lost? As it turns out, reasonable minds (and some unreasonable ones) can differ even there. So dust off that knowledge of antitrust law, the Sherman Act, Rules of Reason, intellectual property commissions, relevant markets, illegal restraints, anti-steering and more, and BUCKLE IN. CHECK OUT THE VIDEO (AND LINKS) AT: https://youtu.be/43CMV8KIs3E We're going feature length...in Virtual Legality. #Epic #Apple #Lawsuit *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction (A Look Back) 02:13 Headline Headscratchers 04:30 The Court on Commissions 08:45 The Decision - Overview 15:20 PART I - FINDINGS OF FACT 16:28 Epic and Fortnite 24:46 Apple and the DPLA 34:59 The Relevant Market 45:51 What is a Video Game? 1:01:52 Market Share and Market Power 1:06:53 Anticompetitive Effects 1:18:17 Procompetitive Justifications 1:35:37 PART II - APPLICATION OF LAW 1:45:15 Apple DOES NOT VIOLATE Federal Antitrust Law 2:00:09 Apple DOES NOT VIOLATE California Antitrust Law 2:02:07 Anti-Steering Rules VIOLATE California Unfair Competition Law (Injunction) 2:16:01 Epic IS LIABLE for Breach of Contract 2:21:32 Conclusion (Responses) *** "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

    Black Widow's $100 Million Mistake (Scarlett Johansson v Disney) (VL537)

    Play Episode Listen Later Sep 8, 2021 16:33

    Scarlett Johannsson and her team have painted Disney as an evil empire bent on using Black Widow and the Marvel Cinematic Universe (MCU) for its own nefarious Disney Plus-related ends. But with new information coming out regarding how her team conducted "negotiations", many more questions have been raised. We're right there with you wishing for the world of 2019, Scarlett, but that doesn't make it so...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/X4GPiQaYE9I #BlackWidow #Disney #Lawsuit *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 01:45 The $100M Question 03:47 Back End Participation 10:07 Black Widow Math 14:00 Conclusion *** Discussed in this episode: "Black Widow Lawsuit! A Legal Look at Scarlett Johansson vs Disney (VL518)" YouTube Video - July 30, 2021 - Hoeg Law https://youtu.be/ws-rGPuGQv4 "How Disney and Scarlett Johansson Reached the Point of No Return" Wall Street Journal - September 3, 2021 https://www.wsj.com/articles/how-disney-and-scarlett-johansson-reached-the-point-of-no-return-11630688765 "Scarlett Johansson Asked For $100 Million After Black Widow Shifted To Disney+ Simultaneous Release - Report" Gamespot - September 8, 2021 "Let's Talk About Back End Points" MsInTheBiz Blog - November 27, 2019 http://msinthebiz.com/2019/11/27/lets-talk-about-back-end-points/ "Box Office History for Marvel Cinematic Universe Movies" The Numbers https://www.the-numbers.com/movies/franchise/Marvel-Cinematic-Universe#tab=summary&franchise_movies_overview=od5 "Top 2021 Movies at the Worldwide Box Office" The Numbers https://www.the-numbers.com/box-office-records/worldwide/all-movies/cumulative/released-in-2021 "Marvel Studios' Black Widow Surpasses $215M Between Box Office and Disney+ Premier Access" Disney Press Release - July 11, 2021 https://dmedmedia.disney.com/news/black-widow-surpasses-215m-between-box-office-and-disney-plus-premier-access *** "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

    Alan Wakes: Remedy Is Remastering A Masterpiece (VLExtra)

    Play Episode Listen Later Sep 7, 2021 16:15

    Remedy Entertainment's Alan Wake never got the kind of attention it deserved. But that might all change with the announcement of "Alan Wake Remastered" for Xbox, PlayStation, and PC. It never was just a lake...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/d3CPRHZ08fs #AlanWake #AlanWakeRemastered #Remedy *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 01:48 Remedy's Long Winding Alan Wake Road 06:57 Remaster Leaks 07:44 Remaster Announced 14:37 Conclusion *** Discussed in this episode: "Alan Wake" Wikipedia Entry https://en.wikipedia.org/wiki/Alan_Wake "INTRODUCING THE ALAN WAKE 2 YOU WILL NEVER PLAY" Polygon - April 20, 2015 https://www.polygon.com/features/2015/4/20/8450329/alan-wake-2-prototype-video-interview "Remedy obtains publishing rights to Alan Wake" July 2, 2019 https://www.gamesindustry.biz/articles/2019-07-01-remedy-obtains-publishing-rights-to-alan-wake LEAKS https://twitter.com/ZhugeEX/status/1434232279874813954 https://www.eurogamer.net/articles/2021-09-04-alan-wake-remastered-pops-up-on-retailer-websites-with-october-release-date https://www.rockpapershotgun.com/the-repeatedly-leaked-alan-wake-remaster-seems-imminent https://www.engadget.com/alan-wake-remastered-ps5-xbox-series-x-leak-205912791.html https://www.ign.com/articles/alan-wake-remastered-remedy-games-listing-playstation-5-xbox-series-x "Announcing Alan Wake Remastered: An Open Letter from Sam Lake" The Sudden Stop Blog - September 7, 2021 https://www.alanwake.info/2021/09/remaster.html "You're invited: PlayStation Showcase 2021 Broadcast next Thursday" PlayStation Blog - September 2, 2021 https://blog.playstation.com/2021/09/02/youre-invited-playstation-showcase-2021-broadcast-next-thursday/ *** "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

    LAWSUIT! Grand Theft Auto, Copyright, and Reverse Engineers (VL536)

    Play Episode Listen Later Sep 3, 2021 43:12

    Take Two Interactive has sued the developers of "re3" and "reVC", reverse engineered source code projects designed to make Grand Theft Auto 3 and Vice City playable on unsupported platforms with additional features. Many other developers have elected not to sue over similar projects, but does that make them...legal? We have a lot to discuss. Reverse Engineering doesn't get you out of the infringement question...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/omAz7rnp3XQ #GrandTheftAuto #Lawsuit #ReverseEngineering *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction (Sponsor - FalkusVipus) 01:02 The re3 Project 06:30 Copyright and Fair Use 08:45 Reverse Engineering and the Law 13:55 The Lawsuit 26:28 Infringement and Remedies 33:13 The EULA Problem 36:36 Knowing Falsity? 40:10 Conclusion *** Discussed in this episode: "Take-Two is suing the creators of GTA 3 and Vice City reverse engineering projects" VGC - September 3, 2021 https://www.videogameschronicle.com/news/take-two-is-suing-the-creators-of-a-gta-3-and-vice-city-reverse-engineering-projects/ "Now Take-Two is going after GTA reverse engineering projects" Eurogamer - September 3, 2021 https://www.eurogamer.net/articles/2021-09-03-now-take-two-is-going-after-gta-reverse-engineering-projects "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 "Circumvention of copyright protection systems" 17 USC 1201 https://www.law.cornell.edu/uscode/text/17/1201 Sega v Accolade 977 F.2d 1510 (1992) https://openjurist.org/977/f2d/1510 Take Two v Papenhoff et. al. Filed September 2, 2021 https://storage.courtlistener.com/recap/gov.uscourts.cand.384429/gov.uscourts.cand.384429.1.0.pdf Tetris Holding, LLC v. Xio Interactive, Inc. 863 F. Supp. 2d 394 (D.N.J. 2012) https://casetext.com/case/tetris-holding-llc-v-xio-interactive-inc DAVIDSON & ASSOCIATES v JUNG 422 F.3d 630 (2005) https://scholar.google.com/scholar_case?q=Blizzard+Entertainment+v.+Jung&hl=en&as_sdt=40000006&case=5463280175310353497&scilh=0 "ROCKSTAR GAMES END USER LICENSE AGREEMENT" Updated July 11, 2019 https://www.rockstargames.com/eula "Remedies for infringement: Damages and profits" 17 USC 504 https://www.law.cornell.edu/uscode/text/17/504 "Limitations on liability relating to material online" 17 USC 512 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

    Supreme Court's Texas Abortion Law Decision Explained (VL535)

    Play Episode Listen Later Sep 2, 2021 44:37

    The US Supreme Court's "shadow docket" of emergency motion decisions has long been a source of curiosity and controversy, but no more so then when the State of Texas deputized its citizenry to enforce a new abortion law (S.B. 8). What was asked of the Court, and why did SCOTUS elect not to act? How would the dissent have dealt with the situation? And what does it signal for the future? SCOTUS - The one place we don't want shadow drops...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/6H76vQqYfbY #SCOTUS #Texas #Abortion *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 02:48 Roe v Wade and the Texas Law 07:18 Ex Parte Young and the Texas Two-Step 12:32 The Shadow Docket 14:25 The Court's Denial (Alito - Standing) 22:08 Roberts Dissent (Pragmatism and Process) 30:08 Breyer Dissent (Delegation Shouldn't Block) 34:12 Sotomayor Dissent (Flatly Unconstitutional) 38:27 Kagan Dissent (Shadow Docket) 41:24 Conclusion (Dobbs) *** Discussed in this episode: "BREAKING: SUPREME COURT ALLOWS TEXAS ABORTION BAN TO REMAIN IN EFFECT." Tweet - September 2, 2021 - SCOTUSblog https://twitter.com/SCOTUSblog/status/1433281871555833859 Roe v. Wade 410 U.S. 113 (1973) https://supreme.justia.com/cases/federal/us/410/113/ "Texas Senate Bill 8" https://legiscan.com/TX/text/SB8/2021 "Ex Parte Young" Decided March 23, 1908 https://casetext.com/case/ex-parte-edward-young 11th Amendment US Constitution https://www.law.cornell.edu/constitution/amendmentxi "Texas abortion law that bans procedure as early as six weeks set to go into effect after court cancels hearing, denies motions" Texas Tribune - August 29, 2021 https://www.texastribune.org/2021/08/29/texas-abortion-law-5th-circuit-court/ "Supreme Court 'Shadow Docket' Under Review by U.S. House of Representatives" ABA Webpage - April 14, 2021 https://www.americanbar.org/groups/committees/death_penalty_representation/publications/project_blog/scotus-shadow-docket-under-review-by-house-reps/ WHOLE WOMAN'S HEALTH ET AL. v. AUSTIN REEVE JACKSON, JUDGE, ET AL. Denial of Injunctive Relief - September 2, 2021 https://www.supremecourt.gov/opinions/20pdf/21a24_8759.pdf CALIFORNIA ET AL. v. TEXAS ET AL. Decided June 17, 2021 https://www.supremecourt.gov/opinions/20pdf/19-840_6jfm.pdf Article III, Section 2 US Constitution https://www.law.cornell.edu/constitution/articleiii "Court to weigh in on Mississippi abortion ban intended to challenge Roe v. Wade" SCOTUSblog - May 17, 2021 https://www.scotusblog.com/2021/05/court-to-weigh-in-on-mississippi-abortion-ban-intended-to-challenge-roe-v-wade/ *** "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

    Epic v Apple: Is Everyone Wrong On South Korea's Anti-Google Bill? (VL534)

    Play Episode Listen Later Sep 1, 2021 25:39

    A new challenger has entered the "Epic vs Apple" fray, but is South Korea's new "anti-google" bill as significant to the tech titans as some have assumed? There's a difference between rights and means..in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/fruldokyfYc #Epic #Apple #SouthKorea *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 00:57 South Korea's Ban Bill 10:05 Rights and Means 22:32 Conclusion *** Discussed in this episode: "An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV "Google, Apple Hit by First Law Threatening Dominance Over App-Store Payments" Wall Street Journal - August 31, 2021 https://www.wsj.com/articles/google-apple-hit-in-south-korea-by-worlds-first-law-ending-their-dominance-over-app-store-payments-11630403335 "Apple and Google must allow developers to use other payment systems, new Korean law declares " The Verge - August 31, 2021 https://www.theverge.com/2021/8/31/22643800/apple-google-south-korea-app-store-payment-legislation-passes "Partial amendment to the Telecommunications Business Act" Korean Assembly Page http://likms.assembly.go.kr/bill/billDetail.do?billId=PRC_E2Z1F0E7F2Y0Q1S1N3B4Y5U2A2K2P9 "The App Store Model Is Crumbling" Protocol - September 1, 2021 https://www.protocol.com/newsletters/sourcecode/app-store-law-south-korea "App Store Review Guidelines" Updated June 7, 2021 https://developer.apple.com/app-store/review/guidelines/ "A Broken Marketplace" CAF Webpage https://appfairness.org/issues/broken-marketplace/ Epic v Apple Preliminary Injunction Order October 9, 2020 https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.118.0.pdf Apple's Answer and Countersuit Epic v Apple - September 8, 2020 Filing https://www.courtlistener.com/docket/17442392/66/epic-games-inc-v-apple-inc/ "Paid Applications Agreement (Schedules 2 and 3 of the Apple Developer Program License Agreement)" https://developer.apple.com/support/downloads/terms/schedules/Schedule-2-and-3-20210607-English.pdf "Unreal Engine End User License Agreement For Publishing" As of August 30, 2021 https://www.unrealengine.com/en-US/eula/publishing *** "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

    Starfield Confusion? Blame Microsoft, Not Bethesda Fans (VL533)

    Play Episode Listen Later Aug 31, 2021 19:42

    Starfield - the game no one has seen (but which everyone wants to fight over), continues to be a sticking point in Microsoft's post-Bethesda merger messaging. What did Bethesda's Pete Hines say about the Xbox exclusive, and why did so many report on it? And why is it unfair to lay the resulting "confusion" at the feet of Bethesda fans? Microsoft wants to be loved, but they don't want to be blamed for it...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/vEJHNR6ng0A #Starfield #Bethesda #Microsoft *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 00:50 Leaving the Door Open? 05:10 The Pete Hines Interview 18:00 Conclusion *** Discussed in this episode: "Bethesdas Pete Hines suggests the door might still be open..." Tweet - August 30, 2021 - The Red Dragon https://twitter.com/TWTHEREDDRAGON/status/1432365449010896900 Response Tweets https://twitter.com/BenjiSales/status/1432489019791888388 https://twitter.com/Rand_al_Thor_19/status/1432473794455785472 https://twitter.com/Stallion83/status/1432522405293998080 https://twitter.com/DCDeacon/status/1432422360922169346 https://twitter.com/aarongreenberg/status/1432457510464622595 https://twitter.com/aarongreenberg/status/1432466477945294849 https://twitter.com/MatPiscatella/status/1432474959184424963 "Bethesda And Microsoft Respond To Starfield On PS5 Questions" Gamespot - August 30/31 https://www.gamespot.com/articles/bethesda-and-microsoft-respond-to-starfield-on-ps5-questions/1100-6495706/ "Bethesda's Pete Hines has a message for PlayStation fans" Tweet - August 30, 2021 - Gamespot https://twitter.com/GameSpot/status/1432463193453076493 *** "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

    Epic vs Apple: Settlements, Concessions, and Termination Failures (VL532)

    Play Episode Listen Later Aug 30, 2021 30:29

    The "Epic vs Apple" opinion is not quite ready for public consumption, but as other developers agree to settlements and Epic CEO Tim Sweeney tries to box Apple into a corner, there's no question that even the trial court's decision is not likely to end this particular fight. Sometimes you aim at another, but hit only yourself...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/LYTHpklbQjA #Epic #Apple #Lawsuit *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 00:55 The Cameron Settlement 18:00 Terminating Termination 28:08 Conclusion *** Discussed in this episode: "An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV "Apple, US developers agree to App Store updates that will support businesses and maintain a great experience for users" Apple Press Release - August 26, 2021 https://www.apple.com/newsroom/2021/08/apple-us-developers-agree-to-app-store-updates/ Epic vs Apple Restraining Order - August 24, 2020 https://storage.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.48.0.pdf Cameron vs Apple Initial Complaint - June 4, 2019 https://www.classaction.org/media/cameron-et-al-v-apple-inc.pdf "App Store Small Business Program" Apple Webpage https://developer.apple.com/app-store/small-business-program/ "App Store Review Guidelines" Updated June 7, 2021 https://developer.apple.com/app-store/review/guidelines/ "App Store Review Guidelines" As of May 24, 2021 https://web.archive.org/web/20210524174327/https://developer.apple.com/app-store/review/guidelines/ "Epic v Apple: Endgame (Closing Arguments) (VL480)" Youtube Video - May 24, 2021 - Hoeg Law https://youtu.be/I5WS5D6GydY "Mr. Sweeney is right." Tweet - August 27, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1431326682200387588 "Tech companies using termination of contracts..." Twitter Thread - August 28, 2021 - Tim Sweeney https://twitter.com/TimSweeneyEpic/status/1431717803447529479 "Unreal Engine End User License Agreement For Publishing" As of August 30, 2021 https://www.unrealengine.com/en-US/eula/publishing "Unreal Engine End User License Agreement For Publishing" As of November 29, 2020 https://web.archive.org/web/20201129172005/https://www.unrealengine.com/ko/eula/publishing *** "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

    Activision SHREDDING Evidence? (California vs Activision Blizzard) (VL531)

    Play Episode Listen Later Aug 25, 2021 41:16

    "...DFEH is also informed...documents related to investigations and complaints were shredded by human resource personnel and emails are deleted thirty (30) days after an employee's separation." - Department of Fair Housing and Employment (CA), amended complaint against Activision Blizzard Activision Blizzard's day just got worse as the State of California has expanded its disparity and harassment complaint and accused the game giant of suppressing evidence in violation of the law. Evidence destruction is no joke, but the nature of what constitutes 'evidence' is certainly up for discussion...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/Canucu5jRAE #California #Activision #Lawsuit *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 03:20 The Amended Complaint - New Factual Basis 11:44 Settlement Agreement Terms 18:33 A New Cause of Action 25:36 Confidential Law Firms and Privilege 32:12 Destroying Documents 35:50 Activision's Response 39:11 Conclusion *** Discussed in this episode: "California vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ "California expands lawsuit against Activision Blizzard" Axios - August 24, 2021 https://www.axios.com/activision-blizzard-lawsuit-temporary-workers-4a8fa284-a003-4c56-819c-43c7c2d3f3ca.html DFEH (California) vs Activision Blizzard et al Amended Complaint - Filed August 23, 2021 https://s3.documentcloud.org/documents/21048497/activision-amended-complaint-82321.pdf "Unlawful Practices, Generally" California Code 12946 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=12946 California Code of Regulations - Title 2, Section 11013 http://www.gamutonline.net/district/lawndale/displayPolicy/980001/ "Wages, Hours and Working Conditions" California Code 1197.5 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1197.5.&lawCode=LAB "Wages, Hours and Working Conditions" California Code 1198.5 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1198.5 "Personnel files and records" California Government Website https://www.dir.ca.gov/dlse/faq_righttoinspectpersonnelfiles.htm "Activision Blizzard: California Lawsuit Accuses Publisher's HR Department of Shredding Documents" IGN - August 24, 2021 https://www.ign.com/articles/activision-blizzard-lawsuit-hr-shredded-documents *** "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

    Dr. Disrespect Suing Twitch? A Lawyer's Thoughts - Theories and Hurdles (VL530)

    Play Episode Listen Later Aug 24, 2021 25:51

    Twitch's ban of Dr. Disrespect in the Summer of 2020, when he was then one of the platform's most popular streamers, has been a constant topic of debate and conversation in the gaming and game streaming industries. Now, that debate has changed as talk of lawsuits fill the air. Will Dr. Disrespect sue Twitch? Can he even survive dismissal? And on what grounds might such a lawsuit be premised? You can see the groundwork being laid, but it's a difficult road indeed...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/I8FJcevnzqo #Twitch #Ban #DrDisrespect *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 02:06 Disrespect Says He's Suing Twitch 07:48 Possible Legal Theories 17:15 Black Widows and Arbitration 23:32 Conclusion *** Discussed in this episode: "Twitch Bans Dr. Disrespect - A Lawyer's Take On What We Know (VL254)" YouTube Video - June 29, 2020 - Hoeg Law https://youtu.be/wfgiEiefZ2E "Dr. Disrespect Banned From Twitch: Doc's Statement And What We Know" Forbes - June 28, 2020 https://www.forbes.com/sites/davidthier/2020/06/28/statement-respond-why-dr-disrespect-banned-from-twitch-for-mysterious-reasons/?sh=5e8ed8652c0e "DrDisrespect FINALLY opens up about you know what." YouTube Video - August 24, 2021 - DrDisRespect https://youtu.be/PkqZhyukSW0 "Intentional Interference With Prospective Economic Relations - Essential Factual Elements" California Jury Instructions - Justia https://www.justia.com/trials-litigation/docs/caci/2200/2202/ "Negligent Interference With Prospective EconomicRelations" California Jury Instructions - Justia https://www.justia.com/trials-litigation/docs/caci/2200/2204/ "Intentional Infliction of Emotional Distress - EssentialFactual Elements" California Jury Instructions - Justia https://www.justia.com/trials-litigation/docs/caci/1600/1600/ "Intentional Infliction of Emotional Distress - 'Outrageous Conduct' Defined" California Jury Instructions - Justia https://www.justia.com/trials-litigation/docs/caci/1600/1602/ "Negligence - Recovery of Damages for EmotionalDistress - No Physical Injury - Direct Victim - Essential Factual Elements" California Jury Instructions - Justia https://www.justia.com/trials-litigation/docs/caci/1600/1620/ "Contracts in Restraint of Trade" California Code 16600 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=16600. "Terms of Service" Twitch - Updated January 1, 2021 https://www.twitch.tv/p/en/legal/terms-of-service/ "Validity, irrevocability, and enforcement of agreements to arbitrate" 9 USC 2 https://www.law.cornell.edu/uscode/text/9/2 "Scarlett Johansson Slams “Misogynistic” Disney Response As Mouse House Tries To Move ‘Black Widow' Suit Behind Closed Doors – Update" Deadline - August 21, 2021 https://deadline.com/2021/08/scalett-johansson-disney-lawsuit-black-widow-response-arbitration-1234819262/ Periwinkle v Walt Disney Defendant's Motion to Arbitrate - Filed August 20, 2021 https://deadline.com/wp-content/uploads/2021/08/black-widow-disney-arbitrtion-motion.pdf "Arbitrability – Who Decides?" ABA Article - February 2019 https://www.americanbar.org/groups/business_law/publications/committee_newsletters/bcl/2019/201902/fa_3/ *** "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

    Did the Spider-Man No Way Home Leaks Make *You* a Federal Criminal? (VL529)

    Play Episode Listen Later Aug 23, 2021 23:40

    With anticipation as high as it is for Tom Holland's third stint as Spider-Man in Spider-Man: No Way Home, Sony (making the movie in partnership with Disney and Marvel) has had quite the time keeping details of the film under wraps. But on Sunday, August 22, 2021, a secretive marketing machine's worst fears were realized. An unfinished version of the teaser trailer was presented to the world in perhaps the most unflattering way possible. As takedown notices and DMCA claims ensued, it was obvious enough that the leakers would be held responsible, but the greater question might just be - Does anyone else have anything to worry about? The answer may surprise you. With a great Internet connection comes great responsibility...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/asaHu0Wz4Co #SpiderMan #NoWayHome #Leaks *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction (Patreon Sponsors!) 01:15 Spider-Man Leaks 04:11 Copyright Infringement and Takedowns 09:23 Defending Trade Secrets 17:50 The Pokemon Settlements 21:02 Conclusion *** Discussed in this episode: "Sony Moves Quickly to Block Alleged ‘Spider-Man: No Way Home' Trailer Leak on Social Media" The Hollywood Reporter - August 22, 2021 https://www.hollywoodreporter.com/movies/movie-news/sony-block-alleged-spider-man-no-way-home-trailer-leak-1235001375/ "Spider-Man: No Way Home Full Trailer Allegedly Leaked, Sony Pictures Issues Takedowns" Gadgets 360 - August 23, 2021 https://gadgets.ndtv.com/entertainment/news/spider-man-no-way-home-trailer-full-leaked-tiktok-twitter-takedown-sony-pictures-2516456 "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 "Last of Us Leak Legalities" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN "After Spider-Man: No Way Home Trailer Leaks Out, Sony Is Quick To Scrub It From The Internet" CinemaBlend - August 22, 2021 https://www.cinemablend.com/news/2572376/after-spider-man-no-way-home-trailer-leaks-out-sony-quick-scrub-from-internet "Theft of trade secrets" 18 USC 1832 https://www.law.cornell.edu/uscode/text/18/1832 "Definitions" 18 USC 1839 https://www.law.cornell.edu/uscode/text/18/1839#3 The Pokemon Company International v Cruz Stipulated Judgment - June 22, 2021 https://storage.courtlistener.com/recap/gov.uscourts.wawd.280312/gov.uscourts.wawd.280312.52.0.pdf First Amendment US Constitution https://www.law.cornell.edu/constitution/first_amendment *** "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

    Roblox - Exploitation or Opportunity? A Response to Quintin Smith and People Make Games (VL528)

    Play Episode Listen Later Aug 20, 2021 64:04

    It's our annual (semi-annual?), let's respond to some...interesting claims made on YouTube episode! In this installment - Is Roblox, one of the most popular gaming platforms in the world, exploiting your child? What you don't know...probably won't change your understanding of the underlying voluntary transactions at play here. That said, there's much to discuss as Shut Up and Sit Down's Quintin Smith gets *extravagant* on behalf of People Make Games. Nobody needs to Shut Up, but we should probably have a bit of a Sit Down...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/pE3TjauWcow #Roblox #Exploitation #Response *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 03:50 The Underlying Premise 05:46 Overview 06:53 Encouraging Folks to Develop 19:32 Problems of Discoverability 25:07 A Fair Share 36:47 Robux and Suspect Terms 44:57 Understanding Company Scrip 49:59 Bonus Arguments: Children and Activists 57:50 Jumping to Conclusions 1:01:59 My Conclusions (and Emil's) *** Discussed in this episode: "Been working on this for a while." Tweet - August 19, 2021 - Quinns https://twitter.com/Quinns108/status/1428341253603831812 "Investigation: How Roblox Is Exploiting Young Game Developers" YouTube Video - August 19, 2021 - People Make Games https://youtu.be/_gXlauRB1EQ "What is Roblox?" Roblox Parents Webpage https://corp.roblox.com/parents/ "An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV "Roblox bookings grow 35% to $665.5M for Q2 2021" VentureBeat - August 16, 2021 https://venturebeat.com/2021/08/16/roblox-bookings-grow-35-to-665-5m-for-q2-2021/ "Infographic: Indie game revenues on Steam" August 9, 2020 https://vginsights.com/insights/article/infographic-indie-game-revenues-on-steam Roblox Corporation FORM S-1 REGISTRATION STATEMENT https://www.sec.gov/Archives/edgar/data/1315098/000119312520298230/d87104ds1.htm "Roblox Terms of Use" Updated May 18, 2021 https://en.help.roblox.com/hc/en-us/articles/115004647846-Roblox-Terms-of-Use "Developer Exchange Terms of Use" Roblox Help Page - Updated October 4, 2019 https://en.help.roblox.com/hc/en-us/articles/115005718246 "American kids want to be famous on YouTube, and kids in China want to go to space: survey" Business Insider - July 17, 2019 https://www.businessinsider.com/american-kids-youtube-star-astronauts-survey-2019-7 "Scrip" Wikipedia Entry https://en.wikipedia.org/wiki/Scrip "Payment in scrip or similar medium not authorized." 29 CFR 531.34 https://www.law.cornell.edu/cfr/text/29/531.34 "Definitions" 29 USC 203 https://www.law.cornell.edu/uscode/text/29/203 *** "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

    IGN's Blue Box Interview Disaster - Confidence In The Man (VL527)

    Play Episode Listen Later Aug 19, 2021 34:47

    Abandoned, Blue Box, and studio head Hasan Kahraman have provided the game industry with some of its more interesting storylines in 2021. But when Mr. Kahraman is finally interviewed by one of gaming's largest outlets in IGN, one can't help but wonder whether its journalists are seeking truth or merely carrying water. Perhaps it's this interview that should have been Abandoned...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/3AvvUuaCPDE #BlueBox #Abandoned #IGN *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 03:18 The Interview 05:56 An Interesting History 10:08 IGN Takes Up the Cause 18:46 Definitely Not Scammers 25:34 Abandoning Reason 31:14 A Confident Man 32:37 Conclusion *** Discussed in this episode: "Way, way too credulous from IGN here." Tweet - August 18, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1428006443043655691 "Abandoned Creator Explains Blue Box's Release History, Promises a Free New Game" IGN - August 18, 2021 https://www.ign.com/articles/abandoned-blue-box-history-free-game-the-haunting "A Blue Box Game Studios TIMELINE" Reddit Thread https://www.reddit.com/r/TheBlueBoxConspiracy/comments/p29dwz/a_blue_box_game_studios_timeline/ "Private investor" Rewind Kickstarter Update - April 4, 2015 - Blue Box Game Studios https://www.kickstarter.com/projects/1300326342/rewind-a-cinematic-horror-game-for-pc-vr-and-conso/posts/1188870 *** "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

    Among Us Vs Fortnite: "Impostors Welcome" in the World Of IP (VL526)

    Play Episode Listen Later Aug 18, 2021 27:29

    Among Us and Fortnite - two of the most popular multiplayer games in the world. But what happens when one decides to become an impostor of the other? Some think it's pretty...sus. The law, however, may well be more welcoming. We'd definitely cover an Innersloth's battle royale called "Two Weeks"...in Virtual Legality. CHECK OUT THE VIDEO AND LINKS AT: https://youtu.be/okiy7APPls0 #AmongUs #Fortnite #Impostors *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction - About Among Us 01:44 A Challenger (or Impostor) Appears! 04:40 Justified Disappointment 06:50 Maps, Ideas, and Copyright 14:54 Largesse - A Streaming Aside 18:10 The Patent Problem 25:06 Conclusion *** "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

    Dead By Copyright: DBD Licenses, Netflix, and Stranger Things (VL525)

    Play Episode Listen Later Aug 17, 2021 19:53

    The world of gaming in 2021 is much different than it has been throughout its history. Multiplayer and live service games dominate the landscape, and licensed material has found more of a home, not just in the soundtracks of play, but in their substance. So, it is no real surprise that Dead by Daylight, one of the more popular multiplayer games around is now faced with pulling content as a prominent license expires. But what can that tell us about copyright, game licensing, and the strategies being employed by Netflix? Some potentially...strange things. It's all fun and games until someone terminates the license...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/VFIGYW9bujU #DBD #StrangerThings #License *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 02:53 Stranger Things Removal 08:25 How Copyright License Work 14:04 Netflix's New Strategy 18:05 Conclusion *** Discussed in this episode: "Nancy, Steve, and The Demogorgon are leaving..." Tweet - August 16, 2021 - Dead by Daylight https://twitter.com/DeadByBHVR/status/1427276944018653194 "Dead By Daylight's “Stranger Things Chapter” being removed from sale in November" Reddit Thread - August 16, 2021 https://www.reddit.com/r/Games/comments/p5ieqn/dead_by_daylights_stranger_things_chapter_being/ "F.A.Q | Stranger Things Last Chance Sale" Dead by Daylight Forums - August 16, 2021 https://forum.deadbydaylight.com/en/kb/articles/292 "FORM OF INTELLECTUAL PROPERTY LICENSE AGREEMENT" SEC EDGAR Archives https://www.sec.gov/Archives/edgar/data/1494538/000119312511040241/dex99k3.htm Netflix Q2 2021 Investor Report https://s22.q4cdn.com/959853165/files/doc_financials/2021/q2/FINAL-Q2-21-Shareholder-Letter.pdf "Enter the Upside Down in Smite with the Stranger Things crossover tomorrow" PlayStation Blog - July 12, 2021 https://blog.playstation.com/2021/07/12/enter-the-upside-down-in-smite-with-the-stranger-things-crossover-tomorrow/ *** "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

    Apple's New Privacy Stance - What Have You Got To Hide? (VL524)

    Play Episode Listen Later Aug 16, 2021 37:59

    Apple has long sold its iPhone on the value of privacy, of having one's personal life kept separate from the all-seeing eyes of other technology companies and/or the state. Has that promise been illusory? To some extent, of course. But now, with the announcement that the California company would be using its own operating system to compare every iCloud user's photos with information provided by the National Center for Missing & Exploited Children (NCMEC), the privacy horse appears to have completely left the barn. Nothing to hide doesn't mean there's nothing to fear...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/hTwN9LHpRU4 #Apple #Privacy #iCloud *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 2:07 Apple's "Expanded Protections for Children" 6:30 Legal Requirements 8:43 Scanning Your Phone 12:43 The NCMEC 17:46 Apple's Terms and Policies 20:30 Criticisms (EFF) 23:08 Internal Defensiveness 26:02 Privacy and State Actors 31:32 Government Problems (including the US) 36:28 Conclusion *** Discussed in this episode: "Expanded Protections for Children" Apple Blog Post - August 5, 2021 https://www.apple.com/child-safety/ "Reporting requirements of providers" 18 USC 2258A https://www.law.cornell.edu/uscode/text/18/2258A NMEC Materials: * "About Us" - https://www.missingkids.org/footer/about * Form 990 (2019) - https://www.missingkids.org/content/dam/missingkids/pdfs/2019_NCMEC_Form%20990%20Public%20Inspection%20Copy%20-%20JC%20signed.pdf * DOJ Grant - https://ojjdp.ojp.gov/funding/awards/2020-mc-fx-k004 * Funding Law - https://www.law.cornell.edu/uscode/text/34/11293 iOS 14 Terms of Service https://www.apple.com/legal/sla/docs/iOS14_iPadOS14.pdf Apple Privacy Policy https://www.apple.com/legal/privacy/pdfs/apple-privacy-policy-en-ww.pdf "Apple's Plan to "Think Different" About Encryption Opens a Backdoor to Your Private Life" EFF - August 5, 2021 https://www.eff.org/deeplinks/2021/08/apples-plan-think-different-about-encryption-opens-backdoor-your-private-life "In internal memo, Apple addresses concerns around new Photo scanning features, doubles down on the need to protect children" 9to5Mac - August 6, 2021 https://9to5mac.com/2021/08/06/apple-internal-memo-icloud-photo-scanning-concerns/ "Interview: Apple's head of Privacy details child abuse detection and Messages safety features" August 10, 2021 https://techcrunch.com/2021/08/10/interview-apples-head-of-privacy-details-child-abuse-detection-and-messages-safety-features/ Apple FAQ https://www.apple.com/child-safety/pdf/Expanded_Protections_for_Children_Frequently_Asked_Questions.pdf "Apple criticised for storing data inside China" BBC - May 20, 2021 https://www.bbc.com/news/technology-57186275 "Apple's iPhones Will Include New Tools to Flag Child Sexual Abuse" New York Times - August 5, 2021 https://www.nytimes.com/2021/08/05/technology/apple-iphones-privacy.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 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

    Investor Demands and Employee Departures (Activision Blizzard Lawsuit) (VL523)

    Play Episode Listen Later Aug 12, 2021 32:45

    In the face of California's Department of Fair Employment and Housing (DFEH) lawsuit, Activision Blizzard faces new investor demands as it continues to "clean house". Activist investors are going to be active...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/rIGunkCZG7g #California #Activision #Lawsuit *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction and Disclaimers 01:03 Investors Demand 2:26 Who is the SOC Investment Group? 7:57 Reading the Letter 18:45 Senate Bill 826 27:31 Employees Depart 30:42 Conclusion *** Discussed in this episode: "California vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ "Activision Blizzard shareholder says company's response doesn't ‘go nearly far enough'" The Verge - August 10, 2021 https://www.theverge.com/2021/8/10/22618776/activision-blizzard-shareholder-letter-soc-investment-group SOC Investment Group Letter August 5, 2021 https://static1.squarespace.com/static/5d374de8aae9940001c8ed59/t/6112affe2aea584297c35a92/1628614654961/SOC+IG+to+Activision+8-10-21.pdf "About SOC Investment Group" https://www.socinvestmentgroup.com/ "About CTW" http://www.changetowin.org/ "A LETTER FROM CEO BOBBY KOTICK TO ALL EMPLOYEES" July 27, 2021 https://activisionblizzard.com/newsroom/2021/07/letter-from-CEO-bobby-kotick-to-all-employees Meland v Weber June 21, 2021 https://cdn.ca9.uscourts.gov/datastore/opinions/2021/06/21/20-15762.pdf "Jesse McCree, Diablo 4 Director No Longer At Activision Blizzard" Kotaku - August 12, 2021 https://kotaku.com/jesse-mcree-diablo-4-director-no-longer-at-activision-1847469113 *** "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

    Dropping the WARHAMMER - Games Workshop, Fan Animations, and IP (VL522)

    Play Episode Listen Later Aug 10, 2021 26:31

    What do you get when you cross a games company, a subscription services, and a robust universe of community created content? You get Games Workshop telling Warhammer animators (and modders?) what they can do with their fan animations. But is that in their best interest? Laws for the law god...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/JqMICgL4wZ8 #GamesWorkshop #Warhammer #FanAnimations *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 02:21 Copyright Exclusivity 04:17 Warhammer Plus 05:27 Games Workshop's New Guidelines 15:35 Who is Affected and How 21:08 Fair Use? 24:18 Conclusion *** Discussed in this episode: "Games Workshop" Wikipedia Entry https://en.wikipedia.org/wiki/Games_Workshop "Exclusive rights in copyrighted works" 17 USC Section 106 https://www.law.cornell.edu/uscode/text/17/106 "How copyright protects your work" UK Government Website https://www.gov.uk/copyright "Now even Warhammer has a subscription service" PC Gamer - June 24, 2021 https://www.pcgamer.com/now-even-warhammer-has-a-subscription-service/ "Warhammer+ Is Unmissable – Here's Everything You Need To Know" Warhammer Website - June 23, 2021 https://www.warhammer-community.com/2021/06/23/warhammer-is-unmissable-heres-everything-you-need-to-know/ "Games Workshop is trying to shut down fan animations" PC Gamer - July 2021 https://www.pcgamer.com/games-workshop-is-trying-to-shut-down-fan-animations/ "Intellectual Property Guidelines" Games Workshop Website https://www.games-workshop.com/en-WW/Intellectual-Property-Guidelines "Games Workshop is going after Total War Modding Patreons as part of their crackdown" Reddit Post https://www.reddit.com/r/totalwar/comments/oxbdff/games_workshop_is_going_after_total_war_modding/ "Creating Mods for Total War: WARHAMMER" Total War Wiki Page https://wiki.totalwar.com/w/Content_Creators#Creating_Mods_for_Total_War:_WARHAMMER "Limitations on exclusive rights: Fair use" 17 USC Section 107 https://www.law.cornell.edu/uscode/text/17/107 "Exceptions to copyright" UK Government Website https://www.gov.uk/guidance/exceptions-to-copyright "The Fate of TTS" YouTube Video - July 29, 2021 - Bruva Alfabusa https://youtu.be/OXljeaktnDA *** "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

    xQc vs IOC: The Fair Use, Copyright, DMCA Ban Olympics (VL521)

    Play Episode Listen Later Aug 9, 2021 44:01

    It's a common topic here in Virtual Legality, but an important one: What is Fair Use? How does it interact with the DMCA? And how does Twitch operate in such a grey area legally? Now, popular Twitch streamer xQc has made public his fight with the Olympics and the International Olympic Committee (IOC) over such things. But why should streamers be concerned? Bad facts make bad law, but perhaps not bad marketing...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/CLLWfhVUZ5g #xQc #Olympics #FairUse *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 01:47 xQC's Olympic Broadcast and the DMCA 05:48 DMCA Fundamentals 13:08 Fair Use Fundamentals 25:39 The IOC's Position 30:06 Largesse, Games, and Twitch 34:03 Legal Marketing 38:19 Playing Chicken with Livelihoods 41:45 Conclusion *** Discussed in this episode: "Twitch's most popular streamer is taking on the Olympics, for better or worse" August 6, 2021 - Washington Post https://www.washingtonpost.com/video-games/2021/08/06/olympics-twitch-xqc/ "I THINK I GOT MY CHANNEL LIVE-DMCA'd." Tweet - July 28, 2021 - xQC https://twitter.com/xQc/status/1420453104172994562 "Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512 "Digital Millennium Copyright Act Notification Guidelines" Twitch - Updated July 19, 2021 https://www.twitch.tv/p/en/legal/dmca-guidelines/ "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 "MINECRAFT END USER LICENSE AGREEMENT" https://www.minecraft.net/en-us/eula "A top Twitch streamer says he was temporarily suspended after the Olympic Committee launched a copyright strike against him for broadcasting clips from the Tokyo Games" Insider - August 4, 2021 https://www.insider.com/xqc-twitch-streamer-olympic-commitee-copyright-strike-2021-8 "We see countless DMCAs come in for our clients" Twitter Thread - August 1, 2021 - Video Game Attorney https://twitter.com/Morrison/status/1421985544104337408 "They should be." Twitter Thread - August 8, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1424348574649888772 *** "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

    Lawsuits, Proto-Unions, and Other Mutinies (California vs Activision Blizzard) (VL520)

    Play Episode Listen Later Aug 6, 2021 47:12

    In the face of California's Department of Fair Employment and Housing (DFEH) lawsuit, Activision Blizzard is now seeing mutinies across investors, employees, journalists, and sponsors. What did Week 2 bring and what might the future of all such stakeholder actions be? It's Mutinies all around, but Call of Duty still brings in a Bounty...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/eILMMN4PmzU #California #Activision #Lawsuit *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 01:28 HR Firings and Investor Calls 14:04 A Proto Union is Formed 28:37 Investor Class Actions 43:16 Unhappy Sponsors 45:17 Conclusion *** Discussed in this episode: "California vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ "Blizzard President Departs as Game Maker Faces Labor Lawsuit" Bloomberg - August 3, 2021 https://www.bloomberg.com/news/articles/2021-08-03/blizzard-president-departs-as-game-maker-faces-labor-lawsuit "Activision Blizzard (ATVI) Q2 2021 Earnings Call Transcript" Motley Fool - August 4, 2021 https://www.fool.com/earnings/call-transcripts/2021/08/04/activision-blizzard-atvi-q2-2021-earnings-call-tra/ "Activision Blizzard's Latest Investor Call Was An Especially Ghoulish Affair" Kotaku - August 4, 2021 https://kotaku.com/activision-blizzard-s-latest-investor-call-was-an-espec-1847422536 "Activision Blizzard Employees Form Coalition, Reject CEO's Choice of Law Firm" IGN - August 3, 2021 https://www.ign.com/articles/activision-blizzard-employees-abk-coalition-reject-bobby-kotick-law-firm "Activision Blizzard employees to protest leadership with walkout" Venture Beat/Games Beat - July 27, 2021 https://venturebeat.com/2021/07/27/activision-blizzard-employs-to-protest-leadership-with-walkout/ "Activision Blizzard Is Working With Law Firm That Specializes In "Union Avoidance" Amid Abuse Allegations" The Gamer - July 29, 2021 https://www.thegamer.com/activision-blizzard-unions-wilmerhale-lawsuit-sexism/ "Activision Blizzard Sued By Shareholder For "False And Misleading" Statements" August 3, 2021 https://www.gamespot.com/articles/activision-blizzard-sued-by-shareholder-for-false-and-misleading-statements/ "Cheng v Activision Blizzard" Filed August 3, 2021 https://www.bloomberglaw.com/public/desktop/document/ChengvActivisionBlizzardIncetalDocketNo221cv06240CDCalAug032021Co?1628012094 "CD Projekt Sued Over Alleged Cyberpunk Lies! Let's Read the Lawsuit! (VL379)" YouTube Video - December 28, 2020 - Hoeg Law https://youtu.be/_qXytLM4Gv8 "Employment of manipulative and deceptive devices." 17 CFR 240.10b-5 (Rule 10b-5) https://www.law.cornell.edu/cfr/text/17/240.10b-5 "Amid harassment lawsuit, Coca Cola, State Farm pull back from Blizzard's Overwatch League" August 5, 2021 - Washington Post https://www.washingtonpost.com/video-games/2021/08/05/activision-blizzard-sponsors-overwatch/ *** "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

    The CDC's Eviction Moratorium - Biden's Constitutionality Gambit (VL Extra)

    Play Episode Listen Later Aug 4, 2021 29:38

    Like administrations before it, the Biden Administration has elected to push to the very edge of its executive authority...and beyond. With the CDC's new eviction moratorium, however, even the breadth and power of the executive branch may have stumbled a bit too far, as the White House itself admitted not days before action was taken. It's not about policy, it's about principles...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/J_v4ZVF8DT4 #Biden #CDC #Moratorium *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 01:40 Trump, Executive Orders, and the CDC 04:16 SCOTUS Speaks (also...the 6th Circuit) 11:15 Biden's Choice 17:50 No Way to Run a Railroad 22:34 The Importance of Law 27:00 Conclusion *** Discussed in this episode: "White House defends its decision not to extend the federal eviction moratorium" CNBC News - August 2, 2021 https://www.cnbc.com/2021/08/02/white-house-defends-its-decision-not-to-extend-the-eviction-moratorium.html "Trump gives CDC broad authority to stop evictions during pandemic" NBC News - September 2, 2020 https://www.nbcnews.com/politics/white-house/trump-gives-cdc-authority-stop-evictions-during-pandemic-n1239038 "Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19" Original CDC Order https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-19654.pdf ALABAMA ASSOCIATION OF REALTORS. v. DEPARTMENT OF HEALTH AND HUMAN SERVICES" Denial of Vacation of Stay - June 29, 2021 https://www.supremecourt.gov/opinions/20pdf/20a169_4f15.pdf "TIGER LILY, LLC v UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT" Sixth Circuit Decision - July 23, 2021 https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0166p-06.pdf US Constitution Article II https://www.law.cornell.edu/constitution/articleii "Joe Biden Speech Transcript: COVID-19 Vaccines, Says Cuomo Should Resign Following Harassment Report" Rev - August 3, 2021 https://www.rev.com/blog/transcripts/joe-biden-speech-transcript-covid-19-vaccines-says-cuomo-should-resign-following-harassment-report "Biden's novel evictions defense: Maybe it's illegal, but it's worth it" Washington Post - August 4, 2021 https://www.washingtonpost.com/politics/2021/08/04/bidens-novel-evictions-defense-maybe-its-illegal-its-worth-it/ "TEMPORARY HALT IN RESIDENTIAL EVICTIONS IN COMMUNITIES WITH SUBSTANTIAL OR HIGH LEVELS OF COMMUNITY TRANSMISSION OF COVID-19 TOPREVENT THE FURTHER SPREAD OF COVID-19" New CDC Order https://www.cdc.gov/coronavirus/2019-ncov/communication/Signed-CDC-Eviction-Order.pdf "That's a direct attack on the judicial branch..." Twitter Thread - August 3, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1422683700312035331 ""...the bulk of the constitutional scholars say it's not likely to pass constitutional muster.”" Twitter Thread - August 4, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1422951774730731526 *** "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

    HEADS ROLL! ABK Takes A Step...Brack (California v Activision Blizzard) (VL519)

    Play Episode Listen Later Aug 3, 2021 21:48

    In the face of California's Department of Fair Employment and Housing (DFEH) lawsuit, Activision Blizzard has been at times defiant, empathetic, political, and more. Now, with the departure of J. Allen Brack, Blizzard head, they appear to be softening their stance considerably. What did they say? And what does it mean for the future of the company and this litigation? Activision Blizzard may have taken "Get the JAB" a bit literally...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/Pat_QLCCPSs #California #Activision #Lawsuit *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 03:02 Heads Roll - Investor Version 11:48 Heads Roll - Public Version 19:55 Conclusion *** Discussed in this episode: "California vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ "Blizzard president J. Allen Brack sent out an email to staff last night..." Tweet - July 23, 2021 - Jason Schreier https://twitter.com/jasonschreier/status/1418512291218264065 DFEH (California) vs Activision Blizzard et al Filed July 20, 2021 https://aboutblaw.com/YJw "A Letter From President and Chief Operating Officer Daniel Alegre Regarding Blizzard Entertainment" Business Wire - August 3, 2021 https://www.businesswire.com/news/home/20210803005609/en/A-Letter-From-President-and-Chief-Operating-Officer-Daniel-Alegre-Regarding-Blizzard-Entertainment "Vicarious Visions merged into Blizzard" GamesIndustry Biz - January 22, 2021 https://www.gamesindustry.biz/articles/2021-01-22-vicarious-visions-merged-into-blizzard "NEW LEADERSHIP AT BLIZZARD" Blizzard Blog - August 3, 2021 https://news.blizzard.com/en-us/blizzard/23706475/new-leadership-at-blizzard *** "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

    Black Widow Lawsuit! A Legal Look at Scarlett Johansson vs Disney (VL518)

    Play Episode Listen Later Jul 30, 2021 34:00

    The Marvel Cinematic Universe (MCU) has had a tough couple of years. Now, after pandemic delays, "interesting" TV excursions, and a general lack of the star power we saw in the heights of 2019, Disney has found itself in yet another Marvel related controversy: Black Widow star Scarlett Johansson has sued the multi-national media giant for inducing a breach of contract, and...effectively, not playing fair. What has the Black Widow herself claimed? And will she devour some of the profits of the studio she used to love, or will it devour her? Heroes don't die on Vormir, they die in litigation...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/ws-rGPuGQv4 #BlackWidow #Disney #Lawsuit *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 05:53 The Complaint 11:01 A "wide theatrical release"? 14:13 Good Faith and Fair Dealing 18:00 Email Promises and Merger Clauses 21:45 Deliberately Hurting its own Box Office? 26:50 Two Causes of Action (Breach) 29:51 Disney's Response 31:45 Conclusion *** Discussed in this episode: "Black Widow Sets July 2021 Release Date For Cinemas And Disney+" Empire - March 23, 2021 https://www.empireonline.com/movies/news/black-widow-july-release-date-cinemas-disney-plus/ "Box Office: ‘Black Widow' Spins Record $80M U.S. Opening, Earns $60M on Disney+ Premier Access" The Hollywood Reporter - July 11, 2021 https://www.hollywoodreporter.com/movies/movie-news/black-widow-box-office-disney-milestone-opening-1234980531/ "Theater Owners Blast Disney for Making ‘Black Widow' Available Immediately on Streaming" The Hollywood Reporter - July 18, 2021 https://www.hollywoodreporter.com/business/business-news/black-widow-theater-owners-blast-disney-1234984300/ "Scarlett Johansson is suing Disney over 'Black Widow' Disney+ release" CNN - July 29, 2021 https://www.cnn.com/2021/07/29/media/scarlett-johansson-disney-lawsuit/index.html "They didn't amend an exclusivity provision? Really?" Twitter Thread - July 29, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1420808638697025541 Scarlett Johansson v The Walt Disney Company Filed July 29, 2021 https://deadline.com/wp-content/uploads/2021/07/Complaint_Black-Widow-1-WM.pdf "Breach of Implied Covenant of Good Faith and Fair Dealing" California Jury Instructions https://www.justia.com/trials-litigation/docs/caci/300/325/ "Disney to Launch a Subscription Streaming Service in Europe, Hints that Marvel & Star Wars Services Could Follow In U.S." TechCrunch - October 21, 2015 https://techcrunch.com/2015/10/21/disney-to-launch-a-subscription-streaming-service-in-europe-hints-that-marvel-star-wars-services-could-follow-in-u-s/ "Netflix Movies: Producers Weigh Hidden Downsides" March 19, 2015 https://www.hollywoodreporter.com/tv/tv-news/netflix-movies-producers-weigh-hidden-782403/ Sample Merger Clause Law Insider https://www.lawinsider.com/clause/merger-clause "Disney Strikes Back Over Scarlett Johansson's ‘Black Widow' Lawsuit, Reveals Her $20 Million Payday – Update" Deadline - July 29, 2021 https://deadline.com/2021/07/scarlett-johansson-walt-disney-co-black-widow-lawsuit-1234802440/ *** "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

    The Devil In The Details (California vs Activision Blizzard) (VL517)

    Play Episode Listen Later Jul 29, 2021 35:09

    California's Department of Fair Employment and Housing (DFEH) lawsuit against Activision Blizzard continues to cause reputational damage to the global game publisher. With pictures now coming out of the alleged Cosby Suite and close ties to the "auditor" of their policies and procedures identified, it really is the case that the devil is in the details. Those "Crosby" stills might just make your teeth gnash...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/NeSLNeYFzLw #California #Activision #Lawsuit *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction and Disclaimers 01:33 24 Hours of Trouble 2:53 The Cosby Suite 14:23 The Cosby Timeline - Plausible Deniability 22:05 Cosby Suite Responses 27:47 Hiring Your Own Lawyers to Audit You 31:53 Conclusion *** Discussed in this episode: "California vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ "Activision Blizzard employees protest sexist 'frat boy' workplace culture via walkout" GameDaily Biz - July 28, 2021 https://gamedaily.biz/article/2121/activision-blizzard-employees-protest-sexist-frat-boy-workplace-culture-at-company-walkout DFEH (California) vs Activision Blizzard et al Filed July 20, 2021 https://aboutblaw.com/YJw "Inside Blizzard Developers' Infamous Bill ‘Cosby Suite'" Kotaku - July 28, 2021 https://kotaku.com/inside-blizzard-developers-infamous-bill-cosby-suite-1847378762 "Yeah. There's no way in hell Activision wants discovery." Tweet - July 28, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1420459656561012739 "Bill Cosby: Timeline of his fall from 'America's Dad' to his release from prison" ABC News Website - Updated June 30, 2021 https://abcnews.go.com/Entertainment/bill-cosby-trial-complete-timeline-happened-2004/story?id=47799458 "Bill Cosby sexual assault cases" Wikipedia Entry https://en.wikipedia.org/wiki/Bill_Cosby_sexual_assault_cases "Why Are Old Assault Claims Against Bill Cosby Back?" NBC News Website - Updated November 17, 2014 https://www.nbcnews.com/pop-culture/celebrity/why-are-old-assault-claims-against-bill-cosby-back-n250161 "I just shared this message..." Tweet - Jul 28, 2021 - Greg Street https://twitter.com/Ghostcrawler/status/1420505317314420736 "Blizzcon 2013: The Cosby Suite" Medium Post - July 28, 2021 - Joshua Mosqueira https://medium.com/@jmosq/blizzcon-2013-the-cosby-suite-76e27cff6e4e "A Letter From CEO Bobby Kotick to All Employees" July 27, 2021 https://investor.activision.com/node/34326/pdf "Law firm reviewing Activision Blizzard policies connected to Executive VP" UpComer - July 27, 2021 https://www.upcomer.com/activision-blizzard-ceo-bobby-kotick-outlines-generic-plan-to-fix-broken-company-culture/ SEC Letter January 19, 2021 - WilmerHale on behalf of Activision Blizzard https://www.sec.gov/divisions/corpfin/cf-noaction/14a-8/2021/aflciouawactivision011921-14a8-incoming.pdf "WoW Team Issues Statement, Vows To Remove "Not Appropriate" References From The Game" GameSpot - July 27, 2021 https://www.gamespot.com/articles/wow-team-issues-statement-vows-to-remove-not-appropriate-references-from-the-game/1100-6494490/ *** "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

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