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Society & Culture
Virtual Legality Episode 215

Is Sony Illegally Using the DMCA to Muzzle Last of Us Leaks?

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1y Apr 30, 2020
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When leaks of major plot points, screenshots, and cinematic cut-scenes from the much anticipated Sony/Naughty Dog exclusive "Last of Us Part II" started being disseminated early this week, there could be little doubt that Sony would take some kind of drastic legal action.

But where Sony would appear to have an undoubtedly legitimate claim against any employee responsible for contract breaches, the legitimacy of that claim falls away entirely when it comes to policing each and every discussion taking place on the Internet.

Is this the "Last of" DMCA abuse? Unfortunately it seems unlikely...in Virtual Legality.

(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from:
“The Last of Us Part II | Release Date Reveal Trailer | PS4”
YouTube Video – September 24, 2019 – PlayStation Europe
https://youtu.be/XvG-EpPoCCA

#Sony #LastOfUs #DMCA


Discussed in this episode:

"The Last of Us Part II gets a release date following substantial story leaks"
GameDailyBiz - April 27, 2020 - Sam Desatoff
https://gamedaily.biz/article/1718/the-last-of-us-part-ii-gets-a-release-date-following-substantial-story-leaks

"I'm not doing anything until I talk to my lawyer about this in the morning."
Tweet - April 30, 2020 - Jeremy Prime (@DDayCobra)
https://twitter.com/DDayCobra/status/1255764397802360832

"[Naughty Dog] have just copyright struck my Last of Karen video."
Tweet - April 30, 2020 - Heel vs Babyface (@heelvsbabyface)
https://twitter.com/heelvsbabyface/status/1255909812124160001

"Never Give Up, Never Surrender"
YouTube Video - April 30, 2020 - Geeks + Gamers
https://youtu.be/vBlIyu1ECvM

"Copyright strike basics"
YouTube Help Page
https://support.google.com/youtube/answer/2814000?hl=en

"Limitations on liability relating to material online"
17 USC 512 (DMCA)
https://www.law.cornell.edu/uscode/text/17/512

"What Does Copyright Protect?"
US Copyright Office Webpage
https://www.copyright.gov/help/faq/faq-protect.html

"Copyright Infringement Notification Requirements"
YouTube Help Page
https://support.google.com/youtube/answer/6005900

"Is This YouTube’s Craziest DMCA Abuse Story Yet? (VL164)"
YouTube Video - January 31, 2020 - Hoeg Law
https://youtu.be/5180odKnWwY

"Copyright Strikes for Explaining Copyright Law? (Virtual Legality #186)"
YouTube Video - March 5, 2020 - Hoeg Law
https://youtu.be/kF2GMxChNkA

"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

Lenz v Universal
801 F.3d 1126 (2015)
https://scholar.google.com/scholar_case?case=12567649168680108221&hl=en&as_sdt=6&as_vis=1&oi=scholarr


"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.


Blog: hoeglaw.wordpress.com

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About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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