Virtual Legality

563 episodes

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.

SONY PLAYSTATION IS SPARTACUS! | But Should Anybody Care?28:20
SONY PLAYSTATION IS SPARTACUS! | But Should Anybody Care?
Virtual Legality – E650
2 years ago

Sony's Project Spartacus is finally unveiled! But is PlayStation's answer to Xbox's Game Pass really worth getting excited about? Or is it simply claiming to be something it's not? Not sure this is the rebellion we were looking for...in Virtual Legality. #Spartacus #GamePass #PlayStation *** WANT TO SUPPORT 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: SPARTACUS ARTICLES https://www.playstationlifestyle.net/2021/12/04/playstation-game-pass-rival-spartacus/ https://blog.playstation.com/2022/03/29/all-new-playstation-plus-launches-in-june-with-700-games-and-more-value-than-ever/ https://www.gamesindustry.biz/articles/2022-03-28-playstations-jim-ryan-our-games-could-suffer-if-we-put-them-straight-into-ps-plus GAME PASS https://www.xbox.com/en-US/xbox-game-pass#join *** "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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

Bungie Takedowns - MAJOR UPDATE | YouTuber Claims Responsibility22:32
Bungie Takedowns - MAJOR UPDATE | YouTuber Claims Responsibility
Virtual Legality – E648
2 years ago

With copyright strikes being made across the landscape of destiny content creators, Bungie has buckled down, issuing a statement that it did not request any such strikes and pushing to investigate the matter further. But behind the scenes, content creators have started to receive an explanation from an individual claiming responsibility. What is that explanation? Let's talk about it. It's not every day you see someone ALLEGEDLY give an electronic confession...in Virtual Legality. #Takedowns #Destiny #Copyright *** WANT TO SUPPORT 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: BUNGIE GUIDELINES AND TERMS https://www.bungie.net/7/en/Legal/IntellectualPropertyTrademarks https://www.bungie.net/7/en/Legal/Terms TWEETS https://twitter.com/Bungie/status/1505630845993844736 https://twitter.com/HoegLaw/status/1505644376743104516 YOUTUBE SITES https://support.google.com/youtube/answer/2807622?hl=en https://support.google.com/youtube/answer/2807684?hl=en CSC SITES https://www.cscglobal.com/service/about/ https://www.cscdbs.com/en/brand-protection/ DMCA 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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

YES-SCOPE | Activision, Microsoft, and FTC Enter a New Antitrust Phase43:11
YES-SCOPE | Activision, Microsoft, and FTC Enter a New Antitrust Phase
Virtual Legality – E646
2 years ago

Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash. *** Now, the FTC has moved to even more closely examine the records and business dealing of the two companies - an expected (but time-consuming) advancement of regulators' antitrust review of the biggest deal in gaming history. Government regulators don't usually no-scope...in Virtual Legality. #Activision #Microsoft #FTC *** WANT TO SUPPORT THE CHANNEL? PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store SEASONED GAMING BITCAST - SUNDAYS AT 11:00 EASTERN https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA *** CHAPTERS 00:00 Introduction 3:07 A Request for Votes/Insider Trading 11:41 Regulators and Legal Issues (Summary) 18:30 The Board Explains its Reasoning 24:56 The FTC and Second Requests 37:59 A Litany of Litigation 41:17 Conclusion *** Discussed in this episode: "Microsoft x Activision" Hoeg Law Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8 ACTIVISION DOCUMENTS/STOCK https://investor.activision.com/financial-information/sec-filings https://investor.activision.com/static-files/eae7f6a4-35b2-4884-9f7e-397dfdd1890b https://money.cnn.com/quote/shareholders/shareholders.html?symb=ATVI&subView=institutional https://www.wsj.com/articles/u-s-probes-options-trade-that-gained-on-microsoft-activision-deal-11646787000 https://arstechnica.com/gaming/2022/03/report-sec-investigating-activision-blizzard-investors-for-insider-trading/ LAW https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws/mergers/premerger-notification-merger-review-process *** "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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

THE COPYRIGHT TRAP EXPLAINED | Bungie’s Risky Business - A Byf Story (Destiny Lore)17:12
THE COPYRIGHT TRAP EXPLAINED | Bungie’s Risky Business - A Byf Story (Destiny Lore)
Virtual Legality – E645
2 years ago

We've talked at length about largesse on this channel; about the fact that publishers clearly aren't giving the legal licenses necessary for creators to give them all the free marketing they otherwise enjoy. But rarely has the use of the "copyright trap" even been as obvious as what Bungie has done by striking long time Destiny Lore channel "My Name is Byf". While the strike is likely an error in both strategy and execution it very much highlights the risks content creators are asked to take on every day. Eyes Up, Content Creators...in Virtual Legality. #MyNameisByf #Destiny #Copyright *** WANT TO SUPPORT 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: HOEG LAW VIDEOS https://youtu.be/cPm7N-sj36M MY NAME IS BYF https://twitter.com/MyNameIsByf https://www.youtube.com/c/MynameisByf/ TWEETS https://twitter.com/MyNameIsByf/status/1505555310190149636 https://twitter.com/Cozmo23/status/1486137085425684489 https://twitter.com/Cozmo23/status/1505557887275323392 BUNGIE GUIDELINES AND TERMS https://www.bungie.net/7/en/Legal/IntellectualPropertyTrademarks https://www.bungie.net/7/en/Legal/Terms *** "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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

GRAN TURISMO SEVERED | Messy Microtransaction Maintenance25:37
GRAN TURISMO SEVERED | Messy Microtransaction Maintenance
Virtual Legality – E644
2 years ago

Gran Turismo 7 is a great game, but like so many other games in 2022 (and likely beyond), it is weighed down by microtransaction madness, hidden online requirements, and business decisions that don't consider the impact of both. All of which unfortunately came to a head for Sony, PlayStation, and Polyphony during server maintenance to introduce patch 1.07 on March 17, 2022. Let's talk about it. I still remember when Sony was *fighting* always online messaging...in Virtual Legality. #GranTurismo #ServerMaintenance #Downtime *** WANT TO SUPPORT 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: SONY SITES AND NOTES https://www.gran-turismo.com/us/gt7/news/00_1764433.html https://store.playstation.com/en-us/product/UP9000-PPSA01317_00-GT7STD0000000PS5 https://www.playstation.com/en-us/legal/softwarelicense/ https://www.playstation.com/en-us/support/store/ps-store-refund-request/ ARTICLES https://www.videogameschronicle.com/news/following-microtransaction-criticism-gran-turismo-7s-latest-patch-makes-it-harder-to-earn-cars/ https://www.videogameschronicle.com/news/gran-turismo-7s-microtransactions-are-live-and-gt-sports-5-cars-now-cost-40/ https://www.theverge.com/2022/3/17/22983882/ps5-gran-turismo-7-update-1-0-7-server-outage-hours https://www.eurogamer.net/articles/2022-03-18-gran-turismo-7-is-getting-review-bombed-following-extended-period-of-maintenance https://www.engadget.com/gran-turismo-7-outage-review-bombing-130947025.html TWEETS https://twitter.com/thegranturismo/status/1504435541038833665 https://twitter.com/tomwarren/status/1504758015874027547 https://twitter.com/tomwarren/status/1504810922434568216 METACRITIC https://www.metacritic.com/game/playstation-5/gran-turismo-7/user-reviews?sort-by=date&num_items=100 *** "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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

GAMERS BEWARE | Publishers Are Setting Copyright Infringement Traps26:02
GAMERS BEWARE | Publishers Are Setting Copyright Infringement Traps
Virtual Legality – E643
2 years ago

Stranger of Paradise Final Fantasy Origin (what a name!) is the latest game to raise concerns about streaming guidelines, but it certainly isn't the first (and won't be the last). Why is gaming's present "largesse" and guidelines structure so risky? It's more what you'd call 'guidelines' than actual rules...in Virtual Legality. #Streaming #Copyright #Infringement *** WANT TO SUPPORT 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: SQUARE ENIX SITES https://square-enix-games.com/sopffo/en-gb/streaming-guidelines/ https://square-enix-games.com/sopffo/en-us/ https://square-enix-games.com/en_US/documents/tnc TWEETS https://twitter.com/CohhCarnage/status/1503737731708592130 https://twitter.com/HoegLaw/status/1503803166638460939 PLATFORM SITES https://www.twitch.tv/p/en/legal/dmca-guidelines/ https://support.google.com/youtube/answer/3311596?hl=en https://www.twitch.tv/p/en/legal/terms-of-service/ https://www.youtube.com/static?template=terms LAW https://www.law.cornell.edu/uscode/text/17/106 *** "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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

XBOX TOO LENIENT? | Perfect Dark Raises Microsoft Management Concerns29:26
XBOX TOO LENIENT? | Perfect Dark Raises Microsoft Management Concerns
Virtual Legality – E642
2 years ago

As the new (or pending) home for Zenimax, Bethesda, Activision Blizzard and more, Microsoft's Gaming Division has quite a bit more on its plate than even as late as 2019. But doubling in size in a little over two years would be difficult for anyone, and there are certainly reasons to doubt that Xbox management (as presently constructed) is up to the task. Now with reports of massive turnover at Perfect Dark developer The Initiative, many of those doubts have come, once again, to the fore. Judgment's not just a Gears of War game...in Virtual Legality. #PerfectDark #Xbox #Management *** WANT TO SUPPORT 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: ARTICLES https://www.videogameschronicle.com/news/it-looks-like-perfect-dark-has-lost-its-game-director/ https://www.videogameschronicle.com/news/insiders-describe-fast-and-furious-exits-from-xboxs-perfect-dark-studio/ https://venturebeat.com/2021/09/29/why-the-initiative-hired-crystal-dynamics-to-help-with-perfect-dark/ https://venturebeat.com/2021/09/29/why-the-initiative-hired-crystal-dynamics-to-help-with-perfect-dark/ https://www.videogameschronicle.com/news/343-confirms-its-delayed-two-halo-infinite-modes-to-make-a-2021-release/ https://www.ign.com/articles/halo-community-reacts-to-infinite-co-op-delayhttps://www.ign.com/articles/halo-community-reacts-to-infinite-co-op-delay https://www.metacritic.com/pictures/2022-game-publisher-rankings/31 https://en.wikipedia.org/wiki/Xbox_Game_Studios TWEETS https://twitter.com/AndyPlaytonic/status/1503712373546307588 https://twitter.com/AndyPlaytonic/status/1503714614424522752 https://twitter.com/bdsams/status/1503714962937679889 https://twitter.com/Chris_Dring/status/1503713051035508743 https://twitter.com/Tolkoto/status/1503712954612695040 https://twitter.com/HoegLaw/status/1503721550834450435 *** "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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

DR. DISRESPECT VS TWITCH | A Lawyer Discusses the End of the "Legal Dispute"25:17
DR. DISRESPECT VS TWITCH | A Lawyer Discusses the End of the "Legal Dispute"
Virtual Legality – E641
2 years ago

The Dr. Disrespect vs Twitch saga ends just as abruptly as it began and with even fewer words than before. Why should we all have expected just such an outcome? Well represented parties know when to stay quiet...in Virtual Legality. #Twitch #Bans #DrDisrespect *** WANT TO SUPPORT 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: HOEG LAW VIDEOS AND PLAYLISTS https://youtu.be/wfgiEiefZ2E https://youtu.be/I8FJcevnzqo https://www.youtube.com/playlist?list=PL1zDCgJzZUy98pOuP1cC8o7nraoJEcmuG TWEETS https://twitter.com/DrDisrespect/status/1502004274993131525 https://twitter.com/Shannon_Liao/status/1276617617730568195 https://twitter.com/Slasher/status/1276742960286183424 https://twitter.com/drdisrespect/status/1277060051744591872 https://twitter.com/Slasher/status/1277395730219573253 https://twitter.com/GameFuel/status/1501981665270321155 ARTICLES https://www.pcgamer.com/uk/drdisrespect-settles-his-lawsuit-with-twitch/ https://www.hollywoodreporter.com/news/general-news/dr-disrespect-signs-multi-year-deal-stay-twitch-1283878/ https://www.forbes.com/sites/davidthier/2020/06/28/statement-respond-why-dr-disrespect-banned-from-twitch-for-mysterious-reasons/ https://www.forbes.com/sites/erikkain/2020/06/30/dr-disrespect-finally-breaks-his-silence-on-twitch-ban-raises-more-questions-than-answers/ https://www.forbes.com/sites/paultassi/2020/08/08/dr-disrespect-gives-statement-on-twitch-ban-during-his-youtube-return-stream/ https://www.gamerevolution.com/game-culture/651326-dr-disrespect-twitch-ban-sponsors https://www.theverge.com/2020/6/22/21298963/ninja-shroud-mixer-facebook-gaming-twitch TWITCH TERMS OF SERVICE https://www.twitch.tv/p/en/legal/terms-of-service/ JAMS RULES https://www.jamsadr.com/rules-comprehensive-arbitration/ https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-26 https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-28 *** "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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

"NO APOLOGY, NO NOTHING" | An Insider On the Fall of Artesian Builds42:03
"NO APOLOGY, NO NOTHING" | An Insider On the Fall of Artesian Builds
Virtual Legality – E640
2 years ago

Artesian Builds has held the unenviable national spotlight for more than a week. But as the days press on issues begin to mount, and a company with a great deal of promise begins to fall apart. Join us as we discuss the most recent turns in the story and get insight directly from someone living through them. It can all happen so fast...in Virtual Legality. #ArtesianBuilds #Sweepstakes #Insider *** WANT TO 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 The Story So Far 13:18 Internal Emails (c/o Gamers Nexus) 22:03 An Inside View 39:32 Conclusion *** Discussed in this episode: HOEG LAW VIDEOS (PRIOR SERIES) https://youtu.be/lRU7f1n3t9o https://youtu.be/GcMwxyrmUqE ARTESIAN BUILDS PAGES/STREAM https://artesianbuilds.com/about/ https://www.twitch.tv/artesianbuilds https://artesianbuilds.com/ambassador/ https://www.twitch.tv/videos/1411403989 TWEETS/THREADS https://twitter.com/ArtesianBuilds/status/1500212578206633987 https://twitter.com/ArtesianBuilds/status/1501414489106706433 https://twitter.com/HoegLaw/status/1501418886427820033 https://twitter.com/Shyphlosion/status/1501425823106146308 "The Extremely Shady Death of Artesian Builds" Gamers Nexus - March 9, 2022 https://youtu.be/d9NzY8TDCAY *** "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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

Licensing Lessons w/ Sora, Smash Brothers, Disney, and More29:31
Licensing Lessons w/ Sora, Smash Brothers, Disney, and More
Virtual Legality – E554
2 years ago

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. #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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

Facebook Whistleblower Frances Haugen: A Difficult Legal Case46:50
Facebook Whistleblower Frances Haugen: A Difficult Legal Case
Virtual Legality – E553
2 years ago

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. #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 *** Discussed in this Episode: "Whistleblower: Facebook is misleading the public on progress against hate speech, violence, misinformation" CBS News Website - October 4, 2021 https://www.cbsnews.com/news/facebook-whistleblower-frances-haugen-misinformation-public-60-minutes-2021-10-03/ "Employment of manipulative and deceptive devices." 17 CFR 240.10b-5 https://www.law.cornell.edu/cfr/text/17/240.10b-5 Facebook Form 10-K FY 2020 https://d18rn0p25nwr6d.cloudfront.net/CIK-0001326801/4dd7fa7f-1a51-4ed9-b9df-7f42cc3321eb.pdf "Securities whistleblower incentives and protection" 15 USC 78u-6 https://www.law.cornell.edu/uscode/text/15/78u-6#b "Whistleblower status, award eligibility, confidentiality, and retaliation protections." 17 CFR 240.21F-2 https://www.law.cornell.edu/cfr/text/17/240.21F-2 "Staff communications with individuals reporting possible securities law violations." 17 CFR 240.21F-17 https://www.law.cornell.edu/cfr/text/17/240.21F-17 "SEC: Companies Cannot Stifle Whistleblowers in Confidentiality Agreements" SEC Press Release - April 1, 2015 https://www.sec.gov/news/pressrelease/2015-54.html Guggenheim Securities Action SEC (June 23, 2021) https://www.sec.gov/litigation/admin/2021/34-92237.pdf "Facebook's response to 60 Minutes' report, 'The Facebook Whistleblower'" CBS News Website - October 3, 2021 https://www.cbsnews.com/news/facebook-statement-60-minutes-whistleblower-2021-10-03/ "Protection for private blocking and screening of offensive material" 47 USC 230 (CDA Section 230) https://www.law.cornell.edu/uscode/text/47/230 "Whistleblower Awards" SEC Website https://www.sec.gov/page/whistleblower-100million "SEC Surpasses $1 Billion in Awards to Whistleblowers with Two Awards Totaling $114 Million" SEC Press Release - September 15, 2021 https://www.sec.gov/news/press-release/2021-177 "Other definitions." 17 CFR 240.21F-4 https://www.law.cornell.edu/cfr/text/17/240.21F-4 "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 "Exceptions to prohibitions" 18 USC 1833 https://www.law.cornell.edu/uscode/text/18/1833 *** "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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

SETTLEMENT! Scarlett Johansson and Disney End Black Widow Feud19:00
SETTLEMENT! Scarlett Johansson and Disney End Black Widow Feud
Virtual Legality – E552
2 years ago

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. #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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

Nintendo Denies Switch 4K Rumors...Or Does It?18:24
Nintendo Denies Switch 4K Rumors...Or Does It?
Virtual Legality – E551
2 years ago

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. #Nintendo #Switch #Messaging *** 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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

A New World: Amazon, Netflix, Arms Races, and the Metaverse21:04
A New World: Amazon, Netflix, Arms Races, and the Metaverse
Virtual Legality – E550
2 years ago

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. #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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

Activision Blizzard: Sued By EEOC, Settles about an Hour Later45:30
Activision Blizzard: Sued By EEOC, Settles about an Hour Later
Virtual Legality – E549
2 years ago

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. #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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

Bungie Stealing Fan Art? Destiny, Derivative Works, and Copyright21:09
Bungie Stealing Fan Art? Destiny, Derivative Works, and Copyright
Virtual Legality – E548
2 years ago

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. #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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

Made for Hire? Understanding the "Marvel Method" Copyright Controversy31:33
Made for Hire? Understanding the "Marvel Method" Copyright Controversy
Virtual Legality – E547
2 years ago

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. #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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

What Even Is Non-Competition? Games Workshop and the Very Odd NDA22:25
What Even Is Non-Competition? Games Workshop and the Very Odd NDA
Virtual Legality – E546
2 years ago

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. #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 *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

Epic v Apple: APPLE LIED? Fortnite Out for (Much) Longer than a Fortnight41:57
Epic v Apple: APPLE LIED? Fortnite Out for (Much) Longer than a Fortnight
Virtual Legality – E545
2 years ago

"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. #Epic #Apple #Lawsuit *** SUPPORT THE CHANNEL STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** 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. *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE

Did Twitch's NMPA Music Agreement Just Make the DMCA Worse?33:44
Did Twitch's NMPA Music Agreement Just Make the DMCA Worse?
Virtual Legality – E544
2 years ago

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. #Twitch #DMCA #Copyright *** CHANNEL SUPPORT STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** 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. *** DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter. PODCAST VERSIONS ALSO AVAILABLE