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Intellectual Property Bulletin - Winter 2018

by Fenwick & West LLP on

Crowdsourced Content in Video Games: How Ownership Issues Almost “Ganked” a Copyright Case - In Blizzard Entertainment v. Lilith Games (Shanghai) Company, a federal court denied a motion for partial summary judgment for...more

Apple Now Requires Disclosure of Loot Box Odds

by Fenwick & West LLP on

Apple’s App Store rules now require app developers to disclose the odds of receiving items from in-game “loot boxes” prior to giving players a chance to purchase the boxes. This is the first time a U.S. gaming platform has...more

Apple Requires Disclosure of Odds for Loot Boxes

Apple just announced a number of changes to its App Store Review Guidelines, including the requirement that apps offering “loot boxes” or other mechanisms that provide randomized virtual items for purchase must disclose the...more

Making VHS Relevant Again: The Uncertain Scope of Personal Information Protected by the Video Privacy Protection Act of 1988

The Ninth Circuit recently became the third federal appellate court to tackle what constitutes “personally identifiable information” protected by the Video Privacy Protection Act of 1988 (“VPPA”). Last year, the First Circuit...more

No Liability for Self-Publishing Platforms over Author’s Use of Unauthorized Cover Photo

In a brief, unpublished opinion, the Sixth Circuit affirmed the dismissal of right of publicity and privacy claims against a host of self-publishing platforms and service providers for distributing an erotic (and purported...more

Ninth Circuit: ESPN Prevails VPPA Dispute

In the latest attempt to apply the Video Privacy Protection Act (VPPA) to 21st-century technology, the U.S. Court of Appeals, Ninth Circuit affirmed dismissal of Chad Eichenberger’s lawsuit against ESPN Inc....more

No About-Face for Second Circuit in Face-Scanning Suit

A video game company successfully dodged a lawsuit which claimed that face-scanning technology violated an Illinois privacy law, in a new decision from the U.S. Court of Appeals, Second Circuit....more

Art Galleries, Dealers, Buyers, and Sellers Now the Target of High-Stakes Digital Heists

In the financial industry, companies engaging in million-dollar transactions invest in the latest in technology in order to safeguard valuable assets. However, in the art world—a market built on relationships and...more

Big Screen Opportunity

In today’s world of social media, mobile gaming, “peak TV,” and streaming everything, audiences have more choice than ever before in how and what they consume. As content choices increase, some critics and shareholders have...more

The Evolving Global Theatrical Stage

Movies may be the United States’ most powerful export. The U.S. is still the leading film market by box office revenue worldwide. From the early 20th century to the turn of the 21st, Hollywood films represented the majority...more

The Legality of Loot Boxes – Update

We recently blogged on legal issues with loot boxes as a game mechanic, and some of the scrutiny to which they are being subjected. The debate continues on whether loot boxes are an illegal gambling mechanic, but at least for...more

Second Circuit Dismisses Claims of Would-Be Ad-Blockers

On November 22, 2017, the Second Circuit in Heskiaoff v. Sling Media affirmed the dismissal of a class action complaint against Sling Media that alleged deceptive business practices in connection with Sling’s introduction of...more

Bringing Interactivity Into the Theater

Interactive cinema is not a new concept. In 1992, Loews released I'm Your Man, a 20-minute interactive film that premiered in a special retrofitted theater in New York City. Equipped with seat-mounted controllers, the...more

Let’s Go To The Movies

If that title doesn’t make you want to sing the rest of the Annie soundtrack, we really can’t be friends. In any case, the holiday season is always an exciting time for the movie business, yet it’s also filled with high...more

Augmented Reality: A New Legal Frontier for Marketing?

by Reed Smith on

Within the digital marketing industry, there is a (tentative) expectation that Virtual Reality (VR) and Augmented Reality (AR) products will open up new and exciting doors to advertisers in the not-so-distant...more

Russian Lawmakers Move to Be Able to Ban Use of VPNs and Similar Access Tools

by Latham & Watkins LLP on

Russia has adopted a new law further toughening the country’s Internet-blocking regime and introducing a number of restrictive measures applicable to intermediaries providing access to blocked websites, IT networks, and...more

YouTube Protected by CDA Immunity over Claims That It Provided Material Support to Terrorists

Following the reasoning of several past decisions, a California district court dismissed claims against Google under the Anti-Terrorism Act (ATA), 18 U.S.C. § 2333, for allegedly providing “material support” to ISIS by...more

When Experience Is Everything

If you ask any social media-wielding user (aka the world), experience is having a moment. And we suspect that it’s going to be a really long moment that won’t be ending anytime soon. From record attendance at Coachella and...more

Hackers Score Touchdown: NFL Players Association Hit With Data Breach

A data breach of the National Football League Players Association’s (“NFLPA”) website has exposed the personal information of nearly 1,200 players and agents....more

Privacy Tip #108 – October is National Cybersecurity Awareness Month: Beware of Scam Netflix Email

Happy National Cybersecurity Awareness Month. I wish it was more uplifting than the current state of affairs, but it has never been so important. ...more

9th Circuit’s VidAngel decision vindicates lawful video filtering service

by Thompson Coburn LLP on

Some have cast the Disney v. VidAngel proceeding, decided August 24 by the 9th Circuit, as the “big studios” versus the “little guy”; the movie studios’ collective effort to kill filtering. This is far from the truth....more

0.44% of NFL Brains

by Wilson Elser on

When The New York Times reports that 110 out of 111 NFL brains (99.09%) have chronic traumatic encephalopathy (CTE), everyone pays attention. Mothers worry about their kids. Some worry about their jobs. Senate subcommittees...more

Key SCOTUS Decisions in Tech – First Half 2017

by Fenwick & West LLP on

Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These...more

Intellectual Property and Technology News (Asia Pacific) June 2017

by DLA Piper on

Welcome to the latest Asia Pacific Edition of the Intellectual Property and Technology News, our biannual publication designed to report on worldwide developments in intellectual property and technology law, offering...more

Time to Zoom In on Application of DMCA Safe Harbor Defense

by McDermott Will & Emery on

In reversing a district court grant of summary judgment in favor of a social media platform, the US Court of Appeals for the Ninth Circuit ordered a deeper look at the degree to which the common law of agency affects a safe...more

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