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Society & Culture
Virtual Legality Episode 43

It Belongs in a Museum! DriveClub and the War for Gaming's Future

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2y Apr 1, 2019
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Sony announces a full server shutdown for DriveClub, once a crown jewel in their PS4 launch plans. But what might be a relatively small closure is just the latest evidence of an ever widening problem for the industry.

What does it mean for software to be licensed and not sold?

What legal rights does Sony have to "turn off" the DriveClub servers under contract and copyright law?

Why is this such a big problem for the preservation of gaming history going forward?

What does the DMCA, the Copyright Act, and the Library of Congress have to say about it?

And why is that not nearly enough?

#DriveClub #Preservation #VirtualLegality


Discussed in this episode:

"Sony is shutting down all Driveclub online servers"
GameIndustryBiz - April, 2019
(https://www.gamesindustry.biz/articles/2019-04-01-sony-is-shutting-down-all-driveclub-online-servers)

"Decommissioned servers"
PlayStation (Updated April 1, 2019)
(https://www.playstation.com/en-gb/legal/gameservers/)

"SOFTWARE PRODUCT LICENSE AGREEMENT"
Sony PlayStation (Updated April 1, 2018)
(https://www.playstation.com/en-us/legal/softwarelicense/)

"TERMS OF SERVICE AND USER AGREEMENT"
Sony PlayStation (Updated April 1, 2018)
(https://www.playstation.com/en-us/network/legal/terms-of-service/)

"Copyright Law Just Got Better for Video Game History"
Motherboard - October 25, 2018
(https://motherboard.vice.com/en_us/article/zm9az5/copyright-law-just-got-better-for-video-game-history)


PODCAST VERSIONS AVAILABLE AT

Spotify: (https://open.spotify.com/show/3qsDhQ7h6BR2wLyNQYDWB4)

iTunes:
(https://itunes.apple.com/us/podcast/virtual-legality/id1448785539?mt=2)

SoundCloud:
(https://soundcloud.com/user-510342404)

Google Play Music:
(https://play.google.com/music/listen#/ps/In3d7qersx72lvzehxo7gu6cd5u)


"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).

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!


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

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

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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