Video games

There have been a couple of major developments this week in the ongoing lawsuit that pits Ed O’Bannon, and a group of other former college athletes, against the NCAA, Electronic Arts, and the Collegiate Licensing Company. If you are not familiar with O’Bannon v. NCAA, Sports Illustrated has a good primer. O’Bannon is suing the NCAA for antitrust violations stemming from the NCAA’s alleged licensing of players’ likenesses.

If you can’t understand that in sports terms, South Park has you covered in moral terms.

The NCAA has been operating with impunity, profiting on the backs of an unpaid labor force, for decades. I cannot think of a worse organization in the country right now, and you know I don’t say that idly: not the ABA, not Sallie Mae, not the Catholic Church. No organization seems more dedicated to directly profiteering off of young people without providing for their best interests as the NCAA.

But finally, the law might step in and stop this very powerful organization from taking complete advantage of their “student-athletes”….

double red triangle arrows Continue reading “Current Real Players Join The Lawsuit Against NCAA, They’ve Always Been In The Game”

It’s astonishing to me that there will be games with phenomenal graphics and orchestral scores and there will just be grammar errors. I deliberated about every single word. A lawyer is more likely to have that kind of neurotic attitude about things than your ordinary game designer.

Mark Yohalem — a Harvard Law School graduate, former law clerk to Justice Anthony M. Kennedy, and current assistant U.S. attorney — discussing his interesting sideline as a video game writer.

(More about Yohalem and one of his games, after the jump.)

double red triangle arrows Continue reading “All Your Base Are Belong To… This Harvard Law Grad And Former SCOTUS Clerk”

* Ed O’Bannon asks the NCAA to agree in writing not to retaliate against any current athlete that joins his lawsuit against the organization. How sad is it that a non-profit organization committed to helping students needs to be reminded not to retaliate against students? In other news, NCAA Football 14 (affiliate link) came out today. [USA Today]

* More SCOTUS Term analysis. Tom Goldstein, Adam Liptak, and Jess Bravin have been invited to explain to the Heritage Foundation what an awesome term it had. [Heritage]

* The Shelby County decision completely lacks any foundation for the argument that the Voting Rights Act violates the Constitution. Yeah, but besides that… [Lawyers, Guns & Money]

* What is wrong with soccer fans? Referee stabs player and then ends up like Ned Stark. [Legal Juice]

* Mayer Brown reports that Mexican leaders are lining up behind energy sector reform. [Breaking Energy]

* Ever wonder about the extent of Internet censorship around the world? Here’s a handy chart showing how Google is censored in various countries around the world. [io9]

* Obama caves to Republican requests to suspend law. Republicans label Obama tyrannical for suspending that law. Bravo. [Wall Street Journal]

* The Obama administration has decided to delay the employer health care mandate until 2015. What does that mean for you? Well, since you’re not a business, you still have to purchase health insurance by 2014. Yay. [Economix / New York Times]

* Untying the knot is harder than it looks: Gay couples stuck in loveless marriages they’ve been unable to dissolve due to changing state residency may be able to find new hope in the Supreme Court’s recent DOMA decision. [New York Times]

* Clinical professors are pushing the ABA to amend its accreditation standards to require practical skills coursework. Amid faculty purges, they’re committed to do whatever it takes for additional job security. [National Law Journal]

* If you’re heading to a law school recruitment forum and want to get ahead in the applications process, make your mark by acting professionally, not by dressing like a d-bag. [U.S. News & World Report]

* “As a parent we’re not always proud of everything they do.” Of course there’s a prosecution inquiry being made into the Don West ice cream cone picture that ended up on Instagram. [Orlando Sentinel]

* Lawyerly lothario Zenas Zelotes has been suspended from practicing law for five months. He should take his own advice, find an ethics attorney, and make her his girlfriend. [Connecticut Law Journal]

* When you’re arguing about a video game — online or anywhere — you should probably leave talk of murdering children out of the conversation. You could wind up in jail for months like this guy. [CNN]

* John Tiley, one of the United Kingdom’s most preeminent tax law professors, RIP. [The Telegraph]

I’m not sure where vice president Joe Biden is getting his information, but he seems rather confident that a tax can be levied against “violent media.” He may want to check with the Supreme Court, which has ruled against regulating violent video games and found taxing certain varieties of speech differently to be a violation of the First Amendment.

Possibly Biden just got carried away with the jovial spirit of censorship pervading the post-Sandy Hook political climate. Or maybe he was just in an overly-agreeable mood and started making affirmative statements without considering what he was saying…

double red triangle arrows Continue reading “VP Joe Biden Believes There’s ‘No Legal Reason’ The Government Can’t Slap A Sin Tax On ‘Violent Media’”

425G – Remembered to lift the seat

* First the law school rankings, now urine-based video games? It’s been a whirlwind week of heavy journalism for U.S. News. [U.S. News]

* Did you ask for a diorama of the Supreme Court? Because I did… [Washington Post]

* What do SCOTUSblog and “Girls” share in common? If you guessed that Tom Goldstein spends most of his day at the office naked, you’re (probably) wrong. [Peabody Awards]

* Casinos have systematically driven men out of the bartending and cocktail serving market. They use a fig leaf to protect themselves from Title VII… apparently literally. [Workplace Prof Blog]

* Dartmouth professor Sonu Bedi argues that same-sex marriage is really about the separation of church and state. You say potato, I say egregious denial of basic rights. [Huffington Post]

* UBS trying to get out of an SEC case. Color me surprised. [Dealbreaker]

* Central New Mexico Community College does not want to hear that sex talk. It makes Sol the Suncat sad. [Popehat]

* As mentioned before, there’s a new legal dispute over whether or not Sherlock Holmes has lapsed into the public domain. Alex Heimbach of Slate puts the case under the proverbial magnifying glass. [Slate]

Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.

Like any good debacle, this whole Sim City SNAFU breeds all manner of hostility. The reviews have begun to reflect the incredible amount of frustration at EA’s mis-forecast of their launch-date readiness. Even retailers are poking the bear, so to speak, by offering reminders that past iterations of Sim City don’t have the same problems and are still super fun to play. The calls for boycotts have been getting louder. But let’s be careful not to slip into the land of the silly.

And by silly, I mean launching into a diatribe about how awfully the launch was handled by EA and then concluding that all gamers obviously need a wordily constructed Bill Of Rights…

double red triangle arrows Continue reading “No, Sim City Debacle Doesn’t Mean Gamers Need A Bill Of Rights”

Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.

Universal Studios seems to have some trouble establishing concrete ideas and positions when it comes to copyright on its own products. In recent iterations, this has manifested itself in the form of their protesting a parody of 50 Shades of Grey while conveniently ignoring that work’s birth in the form of Twighlight fan-fiction. Alternatively, there are times when Universal doesn’t even seem to know what it holds the rights to and what it doesn’t. Well, it turns out that these stumbles aren’t exactly a new experience for Universal.

Chris O’Donnell writes in with the historical and hysterical case of Universal suing Nintendo over Donkey Kong shortly after Universal itself had argued that the property the dispute was based on, King Kong, was in the public domain. See, back when Michael Jackson was still best known for his music, Nintendo came up with their iconic Donkey Kong character, admittedly in some part inspired by the famous King Kong character. This inspiration, it turns out, came after the fact, but that didn’t stop Universal Studios from filing suit against Nintendo, because they had released a remake of King Kong a few years earlier. While some within Nintendo wanted to simply settle with Universal and move forward, others within sought out the words of a key ally to fight against them, and that ally was Universal Studios.

double red triangle arrows Continue reading “Historical Hypocrisy: Donkey Kong, King Kong, & The Public Domain”

Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.

Silly reactions to violent video games are coming so fast these days it makes one’s head spin. Redundant labeling of games, doubling down on unconstitutional laws, and even special 1% taxes for games with a rating of “Teen” and above… It’s quite difficult to parse out the well-intentioned silliness from the grandstanding silliness. What’s clear, however, is that there are a great many people who don’t recognize games as the speech that they are.

One state representative from Connecticut, home of the Sandy Hook tragedy, is now upping the ante on that last idea and proposing a 10% tax on games that are rated “mature”….

double red triangle arrows Continue reading “Connecticut State Representative Proposes 10 Percent Tax On Mature Video Games”

* So now, officially, more people have lost their jobs over Benghazi than lost their jobs over 9/11. [New York Times]

* Could we sue the NRA out of existence? [Dissident Voice]

* Nate Silver makes it clear that gun ownership is a great indication of party affiliation. Guess the liberals would get their asses handed to them in a civil war. [Five Thirty Eight / New York Times]

* Should it be harder for a teenager to get his hands on a video game with lots of guns in it, or AN ACTUAL FREAKING GUN? [Huffington Post]

* “Fun” law bloggers interview each other, for fun. [Allison Leotta]

* Wait, McDonald’s restaurants in Europe have waitresses? [Telegraph]

* Former Governor of Florida slams current Governor of Florida while nation wonders why Florida is always such a train wreck. [Blog of the Legal Times]

* Bank robbers hail getaway cab. [Chicago Tribune]

* Look, the quote of the year is Megyn Kelly’s, “Is this just math that you do as a Republican to make yourself feel better?” But here are some other fun ones from 2012. [The Careerist]

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