Intellectual Property in the World of eSports

4 04 2018

IP Watchdog

Roman Brtka
April 2, 2018

eSports is an exciting new area — not only in the sporting industry but in legal terms. There are various key players such as eGamers, game publishers, and organizers of eSports events, who are facing the challenge of sufficiently protecting their rights. Organizers need to ensure that they obtain all necessary usage rights from the game publishers and the participating eGamers, and these parties need to be aware of their possible ancillary copyrights and should take appropriate precautionary measures to protect them.

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The content in this post was found at https://www.ipwatchdog.com/2018/04/02/intellectual-property-esports/id=95245/

Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

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LinkedIn Files Opening Brief with Ninth Circuit in Closely-Watched Data Scraping Dispute with hiQ

12 10 2017

In a new development in an important scraping dispute, LinkedIn appealed the lower court’s decision to grant a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block the defendant’s data scraping activities.  LinkedIn’s brief was filed on October 3, 2017.  In it, LinkedIn asserts that the relevant issue is whether the lower court “erred as matter of law by holding—contrary to the CFAA’s unambiguous text and Circuit precedent—that LinkedIn could not invoke the CFAA after LinkedIn revoked hiQ’s access to its servers by sending a particularized cease-and-desist letter and imposing technical measures to block hiQ’s data-scraping bots.”

We will be watching the developments in this case closely.

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The content in this post was found at http://newmedialaw.proskauer.com/2017/10/05/linkedin-files-opening-brief-with-ninth-circuit-in-closely-watched-data-scraping-dispute-with-hiq/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Google open innovation powered by efficient infringement

13 03 2017

Given the growth of efficient infringement, Google can operate in an open innovation way, applying open source principles to patented technologies from outside of the company as well as from those inside the company and partners… If it were not for efficient infringement it would be impossible for one company to be involved in as many different areas of endeavor as Google/Alphabet have attempted. The only feasible way for them to hunt for the next revenue stream seems to be to scatter-shot innovation by going in numerous different directions without any real focus. Of course, that requires them to ignore the rights of others and pretend we live in an open source world without any patent rights. Ironically, it is this disparate and uncoordinated approach to innovating that is also preventing Google from developing any kind of mastery outside of their core search competency and revenue generating model.

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The content in this post was found at http://www.ipwatchdog.com/2017/03/09/google-open-innovation-efficient-infringement/id=78977/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Batten down the hatches—Navy accused of pirating 585k copies of VR software

27 01 2017
A German maker of 3D virtual reality software is accusing the US Navy of engaging in wanton piracy, and we’re not talking about piracy on the high seas. This is about digital piracy of software, according to a federal lawsuit brought by Bitmanagement Software. The company is seeking copyright infringement damages of more than $596 million (€543 million) from the Navy for allegedly stealing more than 558,000 copies of its BS Contact Geo software.

The amount of damages, if the Navy loses, could go up substantially. Bitmanagement also noted that, in addition to licensing fees, it is seeking pre- and post-judgement interest, punitive damages, legal costs, attorney fees, and statutory damages that could amount to $150,000 per infringement.

According to the lawsuit (PDF) filed in the US Court of Federal Claims:

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The content in this post was found at https://arstechnica.com/tech-policy/2016/07/batten-down-the-hatches-navy-accused-of-pirating-585k-copies-of-vr-software/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Scraping Lawsuit Survives Dismissal Motion–CouponCabin v. Savings.com

22 01 2017

We blog pretty much every scraping case we see; we just don’t see many of them. As I’ve told you before, scraping is ubiquitous but of dubious legality. Today’s case reiterates just how hard it is for scrapers to win in court if challenged.

The case involves competitors in the online coupon industry. The facts alleged by the plaintiff look very typical for competitive scraping. CouponCabin alleges that Savings.com and several other sites scrape offers from its site, either on an automated or manual basis. In response, CouponCabin allegedly deployed technological blocks against “all traffic, including legitimate users, emanating from certain cloud computing providers and internet service providers identified as being used particularly heavily by the Defendants to conduct scraping activities.” CouponCabin also allegedly sent cease-and-desist letters to most of the defendants. Despite the technological blocks and demand notices, CouponCabin alleges “the Defendants knowingly and intentionally circumvented [the Plaintiff’s] security measures in order to continue their data scraping activities.”

 

Case citation: Couponcabin LLC v. Savings.com, Inc., 2016 WL 3181826 (N.D. Ind. June 8, 2016)

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The content in this post was found at http://blog.ericgoldman.org/archives/2016/06/scraping-lawsuit-survives-dismissal-motion-couponcabin-v-savings-com.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Oculus’ exclusivity protection leads to a VR piracy arms race

30 05 2016
On Friday, an Oculus Runtime update blocked a fan-made workaround that had let HTC Vive owners play previously Rift-exclusive software. At the time, Oculus said the update wasn’t targeted at the workaround, and was instead trying “to curb piracy and protect games and apps that developers have worked so hard to make.” Now, though, Oculus’ move has encouraged the patch’s developer to break Oculus’ digital rights managements entirely, potentially opening VR software up to piracy as well as hardware freedom.

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Breaking the DRM entirely is now the now the only way to break Oculus’ hardware check, LibreVR writes on Reddit. “The problem is that Oculus added the check for the Rift being attached to your PC to the actual DRM. They now use the same function to check that you own the game and that you have the headset,” he said. “I can’t disable one check without disabling the other one too. Previously these checks were separate and the DRM would only check whether you owned the game.”

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The content in this post was found at http://arstechnica.com/gaming/2016/05/inside-virtual-realitys-brewing-piracy-and-exclusivity-arms-race/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Spotify reduces piracy, but also cuts into digital track sales

2 12 2015
 Arstechnica
October 28, 2015
Glyn Moody

New research from the European Commission’s Joint Research Centre shows that Spotify has helped to reduce the level of piracy in the countries where it is available. The work also reveals that Spotify reduces the number of digital track sales, but that those losses are cancelled out by the licensing fees paid by Spotify.

The researchers Luis Aguiar and Joel Waldfogel obtained the weekly levels of digital sales and of piracy via torrents for 8,000 artists for the time period 2012-2013. Combining this with data from Spotify, the researchers were able to establish two interesting results. As a post on TorrentFreak puts it: “Based on this data the researchers conclude that Spotify has a clear displacement effect on piracy. For every 47 streams the number of illegal downloads decreases by one.” That may not sound like much, but given the large numbers of Spotify streams, the effect on piracy is observable.

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The content in this post was found at http://arstechnica.com/tech-policy/2015/10/spotify-reduces-piracy-but-also-cuts-into-digital-track-sales/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Examining Sony’s Internet-free method for blocking used game sales

4 01 2013
A newly published patent application filed by Sony outlines a content protection system that would use small RFID chips embedded on game discs to prevent used games from being played on its systems, all without requiring an online connection. Filed in September and still awaiting approval from the US Patent Office, the patent application for an “electronic content processing system, electronic content processing method, package of electronic content, and use permission apparatus” describes a system “that reliably restricts the use of electronic content dealt in the second-hand markets.”

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The content in this post was found at http://arstechnica.com/gaming/2013/01/examining-sonys-internet-free-method-for-blocking-used-game-sales/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Ninth Circuit Rules on License versus Sale of Software

19 12 2010

The Register of Copyrights may have concluded that precedents defining the difference between a license and a sale of software are conflicting (see our prior blog post on that point), but a panel of the Ninth Circuit had no difficulty in resolving the issue in its recent opinion Vernor v. Autodesk, Inc., 2010 U.S. App. LEXIS (9th Cir. Sept. 10, 2010). The panel reconciled a series of prior panel rulings deemed inconsistent by the lower court, and ruled that proposed resales of packaged software via an eBay auction were not protected by the copyright first sale doctrine because the initial transaction between the software developer and its transferee was a license, not a sale.

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The content in this post was found at http://newmedialaw.proskauer.com/2010/09/articles/copyright/ninth-circuit-rules-on-license-versus-sale-of-software/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NewMediaAndTechnologyLaw+%28New+Media+and+Technology+Law%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Register of Copyrights Says “Who Knows?” on Ownership of Computer Program Copies

5 08 2010

Who owns the firmware on a smartphone, the device manufacturer or the purchaser?  Ownership of copies of computer programs is a thorny issue with which the federal courts have grappled in numerous cases. The issue arose during the most recent round of triennial rulemaking that resulted in the promulgation of a new set of exceptions to 17 U.S.C. § 1201(a), which prohibits the circumvention of technological measures deployed to limit access to copyrighted works.

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The content in this post was found at http://newmedialaw.proskauer.com/2010/08/articles/copyright/register-of-copyrights-says-who-knows-on-ownership-of-computer-program-copies/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NewMediaAndTechnologyLaw+%28New+Media+and+Technology+Law%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.