350 episodes

"Virtual Legality" is a continuing series discussing the law, rules, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law) of Northville, Michigan.

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!

Virtual Legality Hoeg Law

    • Leisure

"Virtual Legality" is a continuing series discussing the law, rules, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law) of Northville, Michigan.

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!

    The Pennsylvania Problem (Brought To You By The US Supreme Court) (VL349)

    The Pennsylvania Problem (Brought To You By The US Supreme Court) (VL349)

    In a trying year, the upcoming US Elections present even more opportunities for fracture and frustration, opportunities made all the more likely by a Supreme Court's unwilling to set certain Constitutional ground rules one way or the other *before* the election.

    In the case of Pennsylvania, the Supreme Court has twice refused to provide the comfort of certainty, while still presenting to the world (and voters) that they may well change election rules after the fact.

    That would be problematic enough, but there are many (many) more dominos that could well fall.

    This is no way to run a railroad.

    Making a hash of things is just the 'Roberts Way'...in Virtual Legality.

    CHECK OUT THE VIDEO AT: https://youtu.be/-KMF8xbzVdk

    #US #Elections #SCOTUS

    ***
    We're coming up on the second anniversary of Virtual Legality! To help celebrate, we'd love to have more subscribers come and discover our (still relatively small) show, and we need your help!

    Please let folks know about the channel and check out the store for even more ways to show your support! STORE: https://teespring.com/stores/hoeg-law-store

    And until December 1st, get 10% off purchases with the code: VL2NDANN.

    Thank you so much for supporting the channel these past couple of years. We wouldn't have any success at all without you!

    ***
    Discussed in this episode:

    "REPUBLICAN PARTY OF PENNSYLVANIA v. KATHY BOOCKVAR"
    US Supreme Court Order (Denial of Expedited Cert) - October 28, 2020
    https://www.supremecourt.gov/opinions/20pdf/20-542_i3dj.pdf

    Article II, Section 1
    US Constitution
    https://www.law.cornell.edu/constitution/articleii

    "DEMOCRATIC NATIONAL COMMITTEE, ET AL. v. WISCONSIN STATE LEGISLATURE"
    US Supreme Court Order (Denial of Stay Vacation) - October 26, 2020
    https://assets.documentcloud.org/documents/7276432/10-26-20-DNC-v-Wisconsin-SCOTUS-Order.pdf

    "TIMOTHY K. MOORE, ET AL. v. DAMON CIRCOSTA"
    US Supreme Court Order (Denial of Injunctive Relief) - October 28, 2020
    https://www.supremecourt.gov/opinions/20pdf/20a72_5hek.pdf

    "This is cruising for a real tire fire..."
    Tweet - October 28, 2020 - Richard Hoeg (@HoegLaw)
    https://twitter.com/HoegLaw/status/1321566617965334533

    ***
    "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).

    CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
    https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

    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.

    ***
    Twitter: @hoeglaw
    Web: hoeglaw.com
    Blog: hoeglaw.wordpress.com
    STORE: https://teespring.com/stores/hoeg-law-store

    • 19 min
    Is Watch Dogs Overheating Xboxes? A Legion Of Risks (VL348)

    Is Watch Dogs Overheating Xboxes? A Legion Of Risks (VL348)

    Ubisoft has seen no shortage of controversy this past year, but the company had to have been hoping that the release of its most significant titles this holiday season would relieve at least some of the PR pressure.

    Unfortunately, with news that the company's first of these holiday releases, Watch Dogs Legion, is apparently causing Xbox One Xs to shutdown, there are significant reasons to be worried.

    Especially upon close examination of Ubisoft's terms of use.

    Bad terms may be industry standard, but that doesn't mean they can't cause trouble...in Virtual Legality.

    CHECK OUT THE VIDEO AT: https://youtu.be/VUgC8lqIXJQ

    #WatchDogs #Legion #Xbox

    ***
    We're coming up on the second anniversary of Virtual Legality! To help celebrate, we'd love to have more subscribers come and discover our (still relatively small) show, and we need your help!

    Please let folks know about the channel and check out the store for even more ways to show your support! STORE: https://teespring.com/stores/hoeg-law-store

    And until December 1st, get 10% off purchases with the code: VL2NDANN.

    Thank you so much for supporting the channel these past couple of years. We wouldn't have any success at all without you!

    ***
    Discussed in this episode:

    "Is Ubisoft "Exploiting" a Legion of Watch Dogs Artists with HitRecord? (VL74) (Hoeg Law)"
    YouTube Video - July 17, 2019 - Hoeg Law
    https://youtu.be/Yj086c540QY

    "Watch Dogs: Legion has a game-breaking bug on Xbox One X"
    Eurogamer - October 28, 2020 - Martin Robinson
    https://www.eurogamer.net/articles/2020-10-28-watch-dogs-legions-has-a-game-breaking-bug-on-xbox-one-x

    "A Lawyer Reads Ubisoft's New Terms (No, They Don't Own Your Soul) (VL230)"
    YouTube Video- - May 20, 2020 - Hoeg Law
    https://youtu.be/OaS_XnDAPYE

    "UBISOFT TERMS OF USE"
    Updated May 12, 2020
    https://legal.ubi.com/termsofuse/en-US

    ***
    "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).

    CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
    https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

    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.

    ***
    Twitter: @hoeglaw
    Web: hoeglaw.com
    Blog: hoeglaw.wordpress.com
    STORE: https://teespring.com/stores/hoeg-law-store

    • 17 min
    CYBERPUNKED: CDPR Just Can't Stop Delaying Cyberpunk 2077 (VL347)

    CYBERPUNKED: CDPR Just Can't Stop Delaying Cyberpunk 2077 (VL347)

    With Cyberpunk 2077 (again) nearing its release date, developer CD Projekt Red has (again) announced a new such date: December 10, 2020.

    But will this date hold? What does it mean to release a AAA game in mid-December? Will employees have to crunch? And just why, oh why, is no one keeping their community managers in the loop?

    A rushed game is forever bad, but a delayed game might possibly not be...in Virtual Legality.

    CHECK OUT THE VIDEO AT: https://youtu.be/8hdfIKuxta0

    #Cyberpunk #CDPR #Delay

    ***
    Discussed in this episode:

    "We have important news regarding Cyberpunk 2077’s release date we’d like to share with you today."
    Tweet - January 16, 2020 - CD PROJEKT RED (@CDPROJEKTRED)
    https://twitter.com/CDPROJEKTRED/status/1217861009446182912

    "An important development update"
    Tweet - June 18, 2020 - Cyberpunk 2077 (@CyberpunkGame)
    https://twitter.com/CyberpunkGame/status/1273647385294626816

    "We have important news to share with you"
    Tweet - October 27, 2020 - Cyberpunk 2077 (@CyberpunkGame)
    https://twitter.com/CyberpunkGame/status/1321128432370176002

    "Cyberpunk 2077 release date reportedly set for 2019, but likely delayed to 2020"
    DigitalTrends - June 2, 2019 - Aaron Mamiit
    https://www.digitaltrends.com/gaming/cyberpunk-2077-release-date-likely-delayed-to-2020/

    "No more delays are happening."
    Tweet - October 6, 2020 - Cyberpunk 2077 (@CyberpunkGame)
    https://twitter.com/CyberpunkGame/status/1313598541756014596

    "Cyber Crunch? Workplace Culture, CDPR, and Cyberpunk 2077 (VL327)"
    YouTube Video - September 30, 2020 - Hoeg Law
    https://youtu.be/83vbKioBwDw

    "Video Game Delays Cause More Crunch"
    Kotaku - January 17, 2020 - Jason Schreier
    https://kotaku.com/game-delays-cause-more-crunch-1841065204

    ***
    "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).

    CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
    https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

    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.

    ***
    Twitter: @hoeglaw
    Web: hoeglaw.com
    Blog: hoeglaw.wordpress.com
    STORE: https://teespring.com/stores/hoeg-law-store

    • 14 min
    The Worst Terms In Gaming? The Unhappy Marriage Of Facebook And Oculus (VL346)

    The Worst Terms In Gaming? The Unhappy Marriage Of Facebook And Oculus (VL346)

    When Facebook initially announced that it would no longer be supporting separate "Oculus accounts" for its Oculus virtual reality (VR) hardware, one could be forgiven for glossing over the impacts of that decision.

    But now that the Oculus Quest 2 has been released to the world, it's clear that Facebook has not thought through all of the implications of making a hardware owner abide by a set of terms built for a social media platform. Worse still, it's clearly thought through some.

    We're on a Quest for reasonable terms of service...in Virtual Legality.

    CHECK OUT THE VIDEO AT: https://youtu.be/ZyFqWY2zOOQ

    #Facebook #Oculus #Terms

    ***
    Discussed in this episode:

    "Today, we’re announcing some important updates"
    Tweet - August 18, 2020 - Oculus (@oculus)
    https://twitter.com/oculus/status/1295769244894785538

    "Oculus users who violate Facebook rules may lose access to VR content"
    GamesIndustryBiz - September 15, 2020 - Rebekah Valentine
    https://www.gamesindustry.biz/articles/2020-09-15-oculus-users-who-violate-facebook-community-standards-may-lose-access-to-headsets

    "Important VR PSA"
    Tweet - October 22, 2020 - Cix (@CixLiv)
    https://twitter.com/CixLiv/status/1319364000501526528

    "Facebook will not ban Oculus owners with multiple VR headsets (updated)"
    Engadget - October 25, 2020 - Jon Fingas
    https://www.engadget.com/facebook-bans-oculus-owners-with-multiple-headsets-191421857.html

    "SUPPLEMENTAL OCULUS TERMS OF SERVICE"
    Updated October 11, 2020
    https://www.oculus.com/legal/terms-of-service/

    Facebook "Terms of Service"
    Updated October 22, 2020
    https://www.facebook.com/terms.php

    Facebook "Community Standards"
    https://www.facebook.com/communitystandards/introduction

    "A SINGLE WAY TO LOG INTO OCULUS AND UNLOCK SOCIAL FEATURES"
    Oculus Blog - August 18, 2020
    https://www.oculus.com/blog/a-single-way-to-log-into-oculus-and-unlock-social-features/?locale=en_US

    "How Sony's Terms Permit PS5 Voice Recordings (and how to change it) (VL341)"
    YouTube Video - October 19, 2020 - Hoeg Law
    https://youtu.be/y6sEHOUkgPo

    PlayStation Network Terms of Service
    Updated October 2020
    https://www.playstation.com/en-us/legal/psn-terms-of-service/

    "Facebook says it ‘mistakenly’ suspended hundreds of activists’ accounts"
    The Verge - September 24, 2020 - Justine Calma
    https://www.theverge.com/2020/9/24/21454554/facebook-acitivists-suspended-accounts-coastal-gaslink-pipeline

    "Facebook's controversial Oversight Board starts reviewing content moderation cases"
    TechCrunch - October 22, 2020 - Taylor Hatmaker
    https://techcrunch.com/2020/10/22/facebook-oversight-board-controversy/

    "Boz: Get Your Facebook Account In ‘Good Standing’ Before Buying Oculus Quest 2"
    Upload VR - October 16, 2020 - Harry Baker
    https://uploadvr.com/facebook-response-to-quest-paperweights/

    Twitch "Community Guidelines"
    Updated October 5, 2020
    https://www.twitch.tv/p/legal/community-guidelines/

    ***
    "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).

    CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
    https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

    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.

    ***
    Twitter: @hoeglaw
    Web: hoeglaw.com
    Blog: hoeglaw.wordpress.com
    STORE: https://teespring.com/stores/hoeg-law-store

    • 24 min
    Is That Stadia Director Actually Right? Why Streamers Should Worry (VL345)

    Is That Stadia Director Actually Right? Why Streamers Should Worry (VL345)

    "Streamers worried about getting their content pulled because they used music they didn't pay for should be more worried by the fact that they're streaming games they didn't pay for as well. It's all gone as soon as publishers decide to enforce it."

    Alex Hutchinson, Stadia Creative Director - October 22, 2020
    ***

    With Twitch causing thousands of streamers to purge their videos and clips at the behest of the music industry (and under threat of DMCA takedown), Stadia creative director Alex Hutchinson decided to throw in his own two cents, castigating those streamers complaining about the process and suggesting that what they should really be worried about is that they were not currently getting the licenses they needed to even stream the games themselves.

    The problem? He's right.

    But not in the way that he thinks.

    Let's dive in.

    Just being right doesn't always make you right...in Virtual Legality.

    CHECK OUT THE VIDEO AT: https://youtu.be/brfG76V2DEo

    #Streamers #Licenses #Twitch

    ***
    Discussed in this episode:

    "Streamers worried about getting their content pulled..."
    Tweet - October 22, 2020 - Alex Hutchinson (@BangBangClick)
    https://twitter.com/BangBangClick/status/1319305552560836609

    "Understanding DMCA Takedowns (amidst Twitch's Recent...Troubles) (VL344)"
    YouTube Video - October 22, 2020 - Hoeg Law
    https://youtu.be/t2GU5oaAL1A

    "Google distances itself from Stadia creative director's comments"
    Gamasutra - October 22, 2020 - Kris Graft
    https://www.gamasutra.com/view/news/372420/Google_distances_itself_from_Stadia_creative_directors_comments.php

    "Is Streaming Among Us...Illegal? (VL332)"
    YouTube Video - October 6, 2020 - Hoeg Law
    https://youtu.be/sNRk_BV5rFg

    Steam Subscriber Agreement
    Updated August 28, 2020
    https://store.steampowered.com/subscriber_agreement/

    "Streaming, Copyright Infringement, and Fair Use (Virtual Legality #177)"
    YouTube Video - February 19, 2020 - Hoeg Law
    https://youtu.be/vTjsKrC3tOE

    "Legal Jibber Jabber"
    Riot Games Website - Last Updated: August 2018
    https://www.riotgames.com/en/legal

    "Folks, the real discussion today should be about just how poorly content creators are treated in EULAs...."
    Tweet - October 22, 2020 - Richard Hoeg (@HoegLaw)
    https://twitter.com/HoegLaw/status/1319357564627406851

    Jackbox Website
    https://www.jackboxgames.com/

    Jackbox "Streamers"
    https://www.jackboxgames.com/streamers/

    Jackbox "Terms of Service"
    Updated - January 26, 2018
    https://www.jackboxgames.com/terms-of-service/

    "What is the average streamer supposed to do?"
    Tweet - October 22, 2020 - Richard Hoeg (@HoegLaw)
    https://twitter.com/HoegLaw/status/1319359891107205127

    "It is INSANE that [Twitch] informs partners they deleted their content..."
    Tweet - October 20, 2020 - Devin (@DevinNash)
    https://twitter.com/DevinNash/status/1318621892933087234

    "My primary position is that the publishers/developers have (rightly) seen the value in streaming..."
    Tweet - October 22, 2020 - Richard Hoeg (@HoegLaw)
    https://twitter.com/HoegLaw/status/1319342399286628352

    "We believe that Publishers and Creators have a wonderful symbiotic relationship..."
    Tweet - October 22, 2020 - Ryan Wyatt (@Fwiz)
    https://twitter.com/Fwiz/status/1319378835125628928


    ***
    "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).

    CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
    https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

    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.

    ***
    Twitter: @hoeglaw
    Web: hoeglaw.com
    Blog: hoeglaw.wordpress.com
    STORE: https://teespring.com/stores/hoeg-law-store

    • 19 min
    Understanding DMCA Takedowns (amidst Twitch's Recent...Troubles) (VL344)

    Understanding DMCA Takedowns (amidst Twitch's Recent...Troubles) (VL344)

    The Digital Millennium Copyright Act (DMCA) is a cornerstone of the modern Internet, especially those particular corners of it that allow (or encourage!) the creation, uploading, and sharing of user generated content outside the platform owner's direct control.

    But there are a great many misunderstandings and misconceptions about how the DMCA works with respect to these platforms; misconceptions that the platforms themselves are all too willing to exploit.

    The most recent example being a set of "tonally challenged" messages which streaming service Twitch has delivered to its content creators, deleting their materials unilaterally and implying that such creators need to "educate themselves"...all while the platform itself obfuscated the requirements and operation of the very DMCA it was continuously referencing.

    Safe Harbors are nice, but they aren't obligatory...in Virtual Legality.

    CHECK OUT THE VIDEO AT: https://youtu.be/t2GU5oaAL1A

    #DMCA #Takedowns #Twitch

    ***
    Discussed in this episode:

    "Twitch streamers were issued tons of DMCA takedown notices today"
    Polygon - October 20, 2020 - Nicole Carpenter
    https://www.polygon.com/2020/10/20/21525587/twitch-dmca-takedown-notice-content

    "It is INSANE that [Twitch] informs partners they deleted their content..."
    Tweet - October 20, 2020 - Devin (@DevinNash)
    https://twitter.com/DevinNash/status/1318621892933087234

    "Last of Us Leak Legalities"
    YouTube Playlist - Hoeg Law
    https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN

    "This content was identified and deleted for you..."
    Tweet - October 20, 2020 - Twitch Support (@TwitchSupport)
    https://twitter.com/TwitchSupport/status/1318624376649113600

    "Is Streaming Among Us...Illegal? (VL332)"
    YouTube Video - October 6, 2020 - Hoeg Law
    https://youtu.be/sNRk_BV5rFg

    "Nope. It’s just a safe harbor."
    Tweet - October 20, 2020 - Richard Hoeg (@HoegLaw)
    https://twitter.com/HoegLaw/status/1318695756082143232

    "No option to counter-notice?"
    Tweet - October 20, 2020 - LegalEagle (@LegalEagleDJ)
    https://twitter.com/LegalEagleDJ/status/1318686242079461378

    "Limitations on liability relating to material online"
    17 USC 512 (the DMCA)
    https://www.law.cornell.edu/uscode/text/17/512

    "Contributory Infringement"
    Cornell Law School Web Entry
    https://www.law.cornell.edu/wex/contributory_infringement

    Twitch "Terms of Service"
    Updated October 14, 2020
    https://www.twitch.tv/p/legal/terms-of-service/

    "The worst kept secret in digital copyright..."
    Tweet - October 20, 2020 - Richard Hoeg (@HoegLaw)
    https://twitter.com/HoegLaw/status/1318675036056727554

    ***
    "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).

    CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
    https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

    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.

    ***
    Twitter: @hoeglaw
    Web: hoeglaw.com
    Blog: hoeglaw.wordpress.com
    STORE: https://teespring.com/stores/hoeg-law-store

    • 22 min

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