Virtual Legality

Epic vs Apple: Settlements, Concessions, and Termination Failures (VL532)

null (0:00) Introduction (0:55) The Cameron Settlement (18:00) Terminating Termination (28:08) Conclusion

Activision SHREDDING Evidence? (California vs Activision Blizzard) (VL531)

null (0:00) Introduction (3:20) The Amended Complaint - New Factual Basis (11:44) Settlement Agreement Terms (18:33) A New Cause of Action (25:36) Confidential Law Firms and Privilege (32:12) Destroying Documents (35:50) Activision's Response (39:11) Conclusion

Dr. Disrespect Suing Twitch? A Lawyer's Thoughts - Theories and Hurdles (VL530)

null (0:00) Introduction (2:06) Disrespect Says He's Suing Twitch (7:48) Possible Legal Theories (17:15) Black Widows and Arbitration (23:32) Conclusion

Did the Spider-Man No Way Home Leaks Make *You* a Federal Criminal? (VL529)

With anticipation as high as it is for Tom Holland's third stint as Spider-Man in Spider-Man: No Way Home, Sony (making the movie in partnership with Disney and Marvel) has had quite the time keeping details of the film under wraps. But on Sunday, August 22, 2021, a secretive marketing machine's worst fears were realized. An unfinished version of the teaser trailer was presented to the world in perhaps the most unflattering way possible. As takedown notices and DMCA claims ensued, it was...

Did the Spider-Man No Way Home Leaks Make *You* A Federal Criminal? (VL529)

null (0:00) Introduction (Patreon Sponsors!) (1:15) Spider-Man Leaks (4:11) Copyright Infringement and Takedowns (9:23) Defending Trade Secrets (17:50) The Pokemon Settlements (21:02) Conclusion

Roblox - Exploitation or Opportunity? A Response to Quintin Smith and People Make Games (VL528)

It's our annual (semi-annual?), let's respond to some...interesting claims made on YouTube episode! In this installment - Is Roblox, one of the most popular gaming platforms in the world, exploiting your child? What you don't know...probably won't change your understanding of the underlying voluntary transactions at play here. That said, there's much to discuss as Shut Up and Sit Down's Quintin Smith gets *extravagant* on behalf of People Make Games. Nobody needs to Shut Up, but we should...

Roblox - Exploitation or Opportunity: A Response to Quintin Smith and People Make Games (VL528)

null (0:00) Introduction (3:50) The Underlying Premise (5:46) Overview (6:53) Encouraging Folks to Develop (19:32) Problems of Discoverability (25:07) A Fair Share (36:47) Robux and Suspect Terms (44:57) Understanding Company Scrip (49:59) Bonus Arguments: Children and Activists (57:50) Jumping to Conclusions (1:01:59) My Conclusions (and Emil's)

IGN's Blue Box Interview Disaster - Confidence In The Man (VL527)

Abandoned, Blue Box, and studio head Hasan Kahraman have provided the game industry with some of its more interesting storylines in 2021. But when Mr. Kahraman is finally interviewed by one of gaming's largest outlets in IGN, one can't help but wonder whether its journalists are seeking truth or merely carrying water. Perhaps it's this interview that should have been Abandoned...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/3AvvUuaCPDE #BlueBox #Abandoned #IGN *** CHANN...

IGN's Blue Box Interview Disaster - Confidence in the Man (VL527)

null (0:00) Introduction (3:18) The Interview (5:56) An Interesting History (10:08) IGN Takes Up the Cause (18:46) Definitely Not Scammers (25:34) Abandoning Reason (31:14) A Confident Man (32:37) Conclusion

IGN's Blue Box Interview Disaster - Confidence in the Man (VL527)

Among Us Vs Fortnite: "Impostors Welcome" in the World Of IP (VL526)

Among Us and Fortnite - two of the most popular multiplayer games in the world. But what happens when one decides to become an impostor of the other? Some think it's pretty...sus. The law, however, may well be more welcoming. We'd definitely cover an Innersloth's battle royale called "Two Weeks"...in Virtual Legality. CHECK OUT THE VIDEO AND LINKS AT: https://youtu.be/okiy7APPls0 #AmongUs #Fortnite #Impostors *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREA...

Among Us vs Fortnite: "Impostors Welcome" in the World of IP (VL526)

null (0:00) Introduction - About Among Us (1:44) A Challenger (or Impostor) Appears! (4:40) Justified Disappointment (6:50) Maps, Ideas, and Copyright (14:54) Largesse - A Streaming Aside (18:10) The Patent Problem (25:06) Conclusion

Dead By Copyright: DBD Licenses, Netflix, and Stranger Things (VL525)

The world of gaming in 2021 is much different than it has been throughout its history. Multiplayer and live service games dominate the landscape, and licensed material has found more of a home, not just in the soundtracks of play, but in their substance. So, it is no real surprise that Dead by Daylight, one of the more popular multiplayer games around is now faced with pulling content as a prominent license expires. But what can that tell us about copyright, game licensing, and the strat...

Dead by Copyright: DBD Licenses, Netflix, and Stranger Things (VL525)

null (0:00) Introduction (2:53) Stranger Things Removal (8:25) How Copyright License Work (14:04) Netflix's New Strategy (18:05) Conclusion

Apple's New Privacy Stance - What Have You Got To Hide? (VL524)

null (0:00) Introduction (2:07) Apple's "Expanded Protections for Children" (6:30) Legal Requirements (8:43) Scanning Your Phone (12:43) The NCMEC (17:46) Apple's Terms and Policies (20:30) Criticisms (EFF) (23:08) Internal Defensiveness (26:02) Privacy and State Actors (31:32) Government Problems (including the US) (36:28) Conclusion

Investor Demands and Employee Departures (Activision Blizzard Lawsuit) (VL523)

null (0:00) Introduction and Disclaimers (1:03) Investors Demand (2:26) Who is the SOC Investment Group? (7:57) Reading the Letter (18:45) Senate Bill 826 (27:31) Employees Depart (30:42) Conclusion

Dropping the WARHAMMER - Games Workshop, Fan Animations, and IP (VL522)

null (0:00) Introduction (2:21) Copyright Exclusivity (4:17) Warhammer Plus (5:27) Games Workshop's New Guidelines (15:35) Who is Affected and How (21:08) Fair Use? (24:18) Conclusion

xQc vs IOC: The Fair Use, Copyright, DMCA Ban Olympics (VL521)

It's a common topic here in Virtual Legality, but an important one: What is Fair Use? How does it interact with the DMCA? And how does Twitch operate in such a grey area legally? Now, popular Twitch streamer xQc has made public his fight with the Olympics and the International Olympic Committee (IOC) over such things. But why should streamers be concerned? Bad facts make bad law, but perhaps not bad marketing...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/CLLWfhVUZ5g #...

xQc vs IOC: The Fair Use, Copyright, DMCA Ban Olympics (VL521)

null (0:00) Introduction (1:47) xQC's Olympic Broadcast and the DMCA (5:48) DMCA Fundamentals (13:08) Fair Use Fundamentals (25:39) The IOC's Position (30:06) Largesse, Games, and Twitch (34:03) Legal Marketing (38:19) Playing Chicken with Livelihoods (41:45) Conclusion

Lawsuits, Proto-Unions, and Other Mutinies (California vs Activision Blizzard) (VL520)

In the face of California's Department of Fair Employment and Housing (DFEH) lawsuit, Activision Blizzard is now seeing mutinies across investors, employees, journalists, and sponsors. What did Week 2 bring and what might the future of all such stakeholder actions be? It's Mutinies all around, but Call of Duty still brings in a Bounty...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/eILMMN4PmzU #California #Activision #Lawsuit *** CHANNEL SUPPORT PATREON - https://www.pat...

Investor Suits, Proto-Unions, and Other Mutinies (California vs Activision Blizzard) (VL520)

null (0:00) Introduction (1:28) HR Firings and Investor Calls (14:04) A Proto-Union is Formed (28:37) Investor Class Actions (43:16) Unhappy Sponsors (45:17) Conclusion

The CDC's Eviction Moratorium - Biden's Constitutionality Gambit (VL Extra)

Like administrations before it, the Biden Administration has elected to push to the very edge of its executive authority...and beyond. With the CDC's new eviction moratorium, however, even the breadth and power of the executive branch may have stumbled a bit too far, as the White House itself admitted not days before action was taken. It's not about policy, it's about principles...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/J_v4ZVF8DT4 #Biden #CDC #Moratorium *** CHANN...

HEADS ROLL! ABK Takes A Step...Brack (California v Activision Blizzard) (VL519)

In the face of California's Department of Fair Employment and Housing (DFEH) lawsuit, Activision Blizzard has been at times defiant, empathetic, political, and more. Now, with the departure of J. Allen Brack, Blizzard head, they appear to be softening their stance considerably. What did they say? And what does it mean for the future of the company and this litigation? Activision Blizzard may have taken "Get the JAB" a bit literally...in Virtual Legality. CHECK OUT THE VIDEO AT: https:/...

HEADS ROLL! ABK Takes a Step...Brack (California v Activision Blizzard) (VL519)

null (0:00) Introduction (3:02) Heads Roll - Investor Version (11:48) Heads Roll - Public Version (19:55) Conclusion

Black Widow Lawsuit! A Legal Look at Scarlett Johansson vs Disney (VL518)

null (0:00) Introduction (5:53) The Complaint (11:01) A "wide theatrical release"? (14:13) Good Faith and Fair Dealing (18:00) Email Promises and Merger Clauses (21:45) Deliberately Hurting its own Box Office? (26:50) Two Causes of Action (Breach) (29:51) Disney's Response (31:45) Conclusion

The Devil In The Details (California vs Activision Blizzard) (VL517)

California's Department of Fair Employment and Housing (DFEH) lawsuit against Activision Blizzard continues to cause reputational damage to the global game publisher. With pictures now coming out of the alleged Cosby Suite and close ties to the "auditor" of their policies and procedures identified, it really is the case that the devil is in the details. Those "Crosby" stills might just make your teeth gnash...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/NeSLNeYFzLw #C...

The Devil in the Details (California v Activision Blizzard) (VL517)

null (0:00) Introduction and Disclaimers (1:33) 24 Hours of Trouble (2:53) The Cosby Suite (14:23) The Cosby Timeline - Plausible Deniability (22:05) Cosby Suite Responses (27:47) Hiring Your Own Lawyers to Audit You (31:53) Conclusion

WALKOUT! (California vs Activision Blizzard) (VL516)

null (0:00) Introduction (2:00) Road to a Walkout (6:04) The Walkout Demands (18:28) Bobby Kotick Responds (34:13) Conclusion

Losing On All Fronts (California v Activision Blizzard) (VL515)

Activision Blizzard's struggle to manage its messaging around California's Department of Fair Housing and Employment lawsuit has manifested in significant (and not entirely unexpected) ways. What are employees saying? Why have reports hit the mass media? And why might the market react now (when it didn't last week)? The Market has a lot to talk about...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/al46JFNZoMc #California #Activision #Lawsuit *** CHANNEL SUPPORT PATREON ...

Losing on All Fronts (California v Activision Blizzard) (VL515)

null (0:00) Introduction (The Fran Email) (3:18) Losing Employees (5:22) The Open Letter (15:05) Losing the Market (19:19) Conclusion

Activision's Messaging STRUGGLE (California vs Activision Blizzard) (VL514)

null (0:00) Introduction (2:11) Activision's Initial Response (People's Republic of California) (9:24) Presidential Responses (I Feel Your Pain) (18:51) Activision Doubles Down (This is Fine) (30:51) Losing Your Employees (33:33) "Shocked" Ex Leaders (38:33) Conclusion

California vs Activision Blizzard: A Legal Look (VL513)

"...the violations pled herein include claims for sex discrimination in terms and conditions of employment (including compensation, assignment, promotion, constructive discharge, termination); unlawful sexual harassment; retaliation; failure to prevent...and unequal pay." - Department of Fair Housing and Employment (CA), complaint against Activision Blizzard One of the world's biggest gaming publishers, Activision Blizzard, has been formally accused of maliciously and deliberately discrim...

California vs Activision Blizzard: A Legal Look at the Lawsuit (VL513)

null (0:00) Introduction (3:17) How a DFEH (CA) Complaint Works (6:10) Setting the Groundwork (CA's Introduction) (11:18) Equal Pay: CA's Main Complaint (and Mistake) (16:45) "Cube Crawls" and Harassments (22:40) The CA Laws At Issue (Jury Instructions) (28:01) Prior Complaints and Mediations (Date Issues) (33:38) The Alleged Causes of Action (47:10) CA's Examples (Discrimination) (1:02:00) CA's Examples (Harassment) (1:10:37) Activision's Response (1:16:53) Conclusion

Is Biden Administration Turning Facebook Into Trump's "State Actor"? (VL512)

null (0:00) Introduction (1:17) Previously on... Trump v Facebook (7:50) Press Secretary Psaki's Press Conferences (14:40) Misinformation: An "approved" Case Study (19:12) Killing People and Abiding "Recommendations" (22:55) Accountability in Action: Setting the Record...Straight? (30:00) Conclusion

Nintendo Fires Back at Bloomberg's Switch Reporting! (VL511)

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The Netflix Of Games...Might Be Netflix (VL509)

Netflix has apparently thrown its hat into the proverbial video game ring, with the hiring of industry veteran MIke Verdu. What does it all mean? We'd love to play Mission Critical again...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/uZjY-mVHIK4 #Netflix #Games #Verdu *** 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 episod...

Steam Deck: The REAL Nintendo Switch Pro? (VL510)

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The "Glorious Purpose" of Filling Theater Seats - A LOKI Postmortem

SPOILER ALERT: HERE THERE BE SPOILERS Welcome to the latest Hoeg Law Postmortem as we take a look at one of 2021's most popular television shows: LOKI. Is there some "Glorious Purpose" to this latest sojourn into the MCU, or is that purpose a bit more...commercial? (Also, check out the live taping of this episode, with viewer questions and comments and a bit more opening discussion at: https://youtu.be/zNwohoszIVM) *** HELP SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLe...

Phil Spencer, Xbox, and the Hunt For Riskless "Risks" (VL508)

Sony and Microsoft's joint mission to talk exclusively to British outlets continues, as Xbox head Phil Spencer and Xbox Studios head Matt Booty talk to the Guardian about the future of Microsoft's gaming platform. But while the article itself is written to support the proposition that Xbox is interested in more than just Games as a Service (GaaS), the article is not quite as convincing as it might initially seem. Xbox: supporting narrative or maybe just *this* narrative...in Virtual Legalit...

Phil Spencer, Xbox, and the Hunt for Riskless "Risks" (VL508)

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Is Lost Judgment...the Last Judgment? Celebrities, Mods, and Steam (VL507)

null (0:00) Introduction (0:55) Lost Judgment (6:27) Steam (10:17) Outro

Trump's Big Tech Lawsuit: Facebook as Arm Of Government? (VL506)

"Congress shall make no law...abridging the freedom of speech, or of the press..." -US Constitution, First Amendment Former President Trump has filed a lawsuit against technology giants Twitter and Facebook for violating the US Constitution's First Amendment. The issue however, is that neither Facebook nor Twitter is Congress (or more specifically any arm of the state) by normal measures, so Mr. Trump's legal team has had to get...creative. Is congressional testimony "coercive"? Are shar...

Trump's Big Tech Lawsuit: Facebook As Arm of Government? (VL506)

null (0:00) Introduction (2:02) Venue Issues (4:56) Facebook As State Actor (6:36) Lugar and the State Actor Requirement (8:20) Manhattan Community Access Corporation and Public Forums (12:37) Lugar and Joint Action (13:28) Blum, Regulation, and Coercion (16:05) Prager v YouTube (17:42) CDA 230's Liability Shield (19:20) Trump's Theory of the Case (24:05) Did Congress Coerce Facebook? (28:54) Did Congress Encourage Facebook? (35:42) Did Health Experts Act Jointly with Facebook? (41:20) The C...

Stow Those Hidden Blades! On Assassin's Creed Infinity Reporting (VL505)

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Ninten-DOH! New Switch Pro...is Anything But (VL504)

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The Audacity! The Problem with App's New Privacy Policy (VL503)

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Just what is a Letter Of Intent? On Kojima and Xbox (VL502) (1)

As Microsoft and Xbox seemingly edge ever closer to a deal with one of gaming's real auteur creators, Hideo Kojima, one question has jumped to the fore. Just what exactly is a Letter of Intent (LOI)? Getting engaged is definitely not getting married, but you are certainly starting to plan the wedding...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/JNq-PbZZ5n8 #Xbox #Kojima #LOI *** SUPPORT THE CHANNEL PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https...

Just what is a Letter of Intent? On Kojima and Xbox (VL502)

null (0:00) Intro (1:29) Letter of Intent (3:35) Letter of Intent Summary (4:43) Letter of Intent Examples (5:47) Letter of Intent Definition (7:41) Letter of Intent Example (11:05) How to evaluate LOIs (13:04) Outro

Quality Over Quantity? Sony, Nixxes, Xbox, and the Ghost of Paywalls (VL501)

Sony continues to make waves by purchasing companies, but what can we take from the nature of the companies Sony has elected to purchase? Are the differences in philosophy between PlayStation and Xbox beginning to manifest in the acquisition market? And if technical quality really is at the heart of the Sony approach, why might it's pricing mechanisms (for things like the recently announced Ghost of Tsushima Director's Cut) rub some folks the wrong way? Looking forward to the Director's ...

Quality over Quantity? Sony, Nixxes, Xbox, and the Ghost of Paywalls (VL501)

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