200 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!

    Joe Biden Wants To Break The Internet (and Video Games) (VL160)

    Joe Biden Wants To Break The Internet (and Video Games) (VL160)

    Former Vice President Joe Biden, in an interview with the New York Times Editorial Board while seeking its endorsement for his presidential run, called for the immediate revocation (or more accurately, repeal) of Section 230 of the Communications Decency Act (CDA).

    But while Section 230 could certainly use clarification (and clarity, as the distinction between service provider and publisher is not without its own ambiguities), Candidate Biden's erroneous reading of the statute, the landscape it creates, and the the liability of tech titans like Facebook, is unfortunately not the only one shared by the political class.

    And that's without even getting into calling video game folks "creeps".

    Libel Liability is a Political Liability...in Virtual Legality.

    #Biden #NYT #CDA230

    ***
    Discussed in this episode:

    New York Times Editorial Interview - Joe Biden
    January 17, 2020
    https://www.nytimes.com/interactive/2020/01/17/opinion/joe-biden-nytimes-interview.html

    "Social Media, Liability Shields, and You: The State of CDA Section 230 (VL72) (Hoeg Law)"
    YouTube Video - July 12, 2019 - Hoeg Law
    https://www.youtube.com/watch?v=0VtQlx5VXXs

    "Protection for private blocking and screening of offensive material"
    47 USC 230 (CDA 230)
    https://www.law.cornell.edu/uscode/text/47/230

    "Action for libel or slander."
    MCL 600.2911
    http://www.legislature.mi.gov/(S(fdms3o5l2kvl3azpa2npxura))/mileg.aspx?page=GetObject&objectname=mcl-600-2911

    ***
    FOR MORE CHECK US OUT:

    On Twitter @hoeglaw

    At our website: https://hoeglaw.com/

    On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

    • 31 min
    Jukin Media STRIKES Again: Tyrone Magnus, and The DMCA's Difficulties With Parody/Fair Use (VL159)

    Jukin Media STRIKES Again: Tyrone Magnus, and The DMCA's Difficulties With Parody/Fair Use (VL159)

    YouTuber "MxR Plays" was not the first to be served with a"Notice of Settlement Fees" from viral video licensor Jukin Media, and it certainly looks like they won't be the last.

    Now, YouTuber Tyrone Magnus has come forward in his video "Jukin Media Did It to Me Too!" to claim that one of his videos has been struck (not claimed) by Jukin.

    Mr. Magnus claims that the video he made was clear commentary on top of a parody created by fellow YouTuber Tony Baker Comedy?

    Will that matter?

    And how does the language of the DMCA and the case of Lenz v. Universal Music combine to create perverse incentives for both copyright holders and YouTube?

    We hope our analysis *isn't* seen as parody...in Virtual Legality.

    CHECK OUT THE VIDEO AT: https://youtu.be/78pRWB9nNkM

    #TyroneMagnus #JukinMedia #MxR

    ***
    Discussed in this episode:

    "YouTube’s “MxR Plays”: Fair Use, Extortion, and the Muddy Middle of Copyright (VL155)"
    YouTube Video - January 10, 2020 - Hoeg Law
    https://youtu.be/VtV_nYZT-mg

    "Jukin Media Did It To Me Too!"
    YouTube Video - January 15, 2020 - Tyrone Magnus
    https://youtu.be/CPWpAKtrV4E

    "Feed the Cat! (Official Tony Baker Voice Over Compilation)"
    YouTube Video - June 5, 2018 - Tony Baker Comedy
    https://youtu.be/7Hd8_xkXCgk

    "Try Not To Laugh - AL BUNDY GREATEST HITS/// MARRIED WITH CHILDREN - Reaction!"
    YouTube Video - December 28, 2019 - Tyrone Magnus
    https://youtu.be/QH4wI4lsaug

    "More Information on Fair Use"
    US Copyright Office Website
    https://www.copyright.gov/fair-use/more-info.html

    "EQUALS THREE, LLC v. JUKIN MEDIA, INC."
    139 F.Supp.3d 1094
    https://www.leagle.com/decision/inadvfdco160726000572

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

    Lenz v Universal Music
    801 F.3d 1126 (9th Cir. 2015)
    https://emedia-law-insider.lexblogplatform.com/wp-content/uploads/sites/323/2015/09/Lenz-v.-UMG-9th-Circuit.pdf

    ***
    FOR MORE CHECK US OUT:

    On Twitter @hoeglaw

    At our website: https://hoeglaw.com/

    On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

    • 35 min
    23andMe Just Sold Your Genetics: Why You Wont Be Getting A Cut (VL158)

    23andMe Just Sold Your Genetics: Why You Wont Be Getting A Cut (VL158)

    23andMe has finally realized its ambition of monetizing its enormous genetic database by licensing a new drug compound to international pharmaceutical company Almirall.

    But the sale has caused some medical and business ethicists to question whether the company's customers should be getting a cut of the big payday.

    Why won't they?

    The DNA is in the details...in Virtual Legality.

    CHECK OUT THE VIDEO AT: https://youtu.be/17uheGhVnaM

    #23andMe #Genetics #Almirall

    ***
    Discussed in this episode:

    23andMe Website
    https://www.23andme.com/

    "23andMe Licenses Its Own Drug Compound to Spanish Firm Almirall"
    Bloomberg - January 9, 2020 - Kristen V Brown
    https://www.bloomberg.com/news/articles/2020-01-09/23andme-licenses-drug-compound-to-spanish-drugmaker-almirall

    "DNA Test Company Sells Rights to Drug Compound Based on Customers' Genetic Data"
    Science Alert - January 14, 2020 - Carly Cassella
    https://www.sciencealert.com/23andme-has-sold-its-first-drug-based-on-its-consumer-s-personal-data

    23andMe Terms of Service
    Updated September 30, 2019
    https://www.23andme.com/about/tos/

    23andMe Privacy Policy
    Updated January 1, 2020
    https://www.23andme.com/about/privacy/

    "GSK and 23andMe sign agreement to leverage genetic insights for the development of novel medicines"
    23andMe Press Release - July 25, 2018
    https://mediacenter.23andme.com/press-releases/gsk-and-23andme-sign-agreement-to-leverage-genetic-insights-for-the-development-of-novel-medicines/

    ***
    FOR MORE CHECK US OUT:

    On Twitter @hoeglaw

    At our website: https://hoeglaw.com/

    On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

    • 28 min
    Dropping Out: Sony, The ESA, and Two Competing Visions for E3 (VL157)

    Dropping Out: Sony, The ESA, and Two Competing Visions for E3 (VL157)

    With Sony dropping out of the Electronic Entertainment Expo (E3) for the second time in as many years, the future for the industry leading trade event has never been more precarious.

    What can we take from the two statements issued by Sony Interactive Entertainment (SIE) and the Entertainment Software Association (ESA)? Are these two huge industry players actually sniping at each other?

    And how are their respective visions fundamentally at odds regarding what E3 is, can, and should be?

    Our activations always entertain...in Virtual Legality.

    #Sony #E3 #ESA

    ***
    Discussed in this episode:

    "Unforced Error: A Lawyer's View on the ESA's Doxxing of 2000+ E3 Attendees (VL81)"
    YouTube Video - August 3, 2019 - Hoeg Law
    https://youtu.be/yNA2xRNwq4s

    "E3 Succumbs to the Age of the Influencer – What you Need to Know (VL103)"
    YouTube Video - September 17, 2019 - Hoeg Law
    https://youtu.be/kB1UewTSFmM

    "PlayStation will not participate in E3 2020"
    GamesIndustryBiz - January 13, 2020 - Christopher Dring
    https://www.gamesindustry.biz/articles/2020-01-11-playstation-will-not-participate-in-e3-2020

    "ESA Statement on Sony E3 2020 Announcement"
    ESA Website
    https://www.theesa.com/statements/esa-statement-on-sony-e3-2020-announcement/

    "I read corporate speak for a living and this statement is nigh unreadable."
    Tweet - January 13, 2020 - Hoeg Law
    https://twitter.com/HoegLaw/status/1216881199169273856

    "The Case Against Kyle Bosman and Michael Huber (E3 2019) (VL Extra) (Hoeg Law)"
    YouTube Video - June 20, 2019 - Hoeg Law
    https://youtu.be/nF1h-USrliI

    ***
    FOR MORE CHECK US OUT:

    On Twitter @hoeglaw

    At our website: https://hoeglaw.com/

    On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

    • 18 min
    Making COPPA More Harmful: YouTube And "PROTECT Kids" (VL156)

    Making COPPA More Harmful: YouTube And "PROTECT Kids" (VL156)

    On January 9, 2020, Representatives Tim Walberg (R-MI) and Bobby Rush (D-IL) sponsored the "Preventing Real Online Threats Endangering Children Today," or "PROTECT Kids" act before the US House of Representatives.

    At roughly the same time, technology advocacy group "Tech Freedom" held a panel on the future of the Children's Online Privacy Protection Act (COPPA), YouTube, and the role of the Federal Trade Commission (FTC) in respect of both. The panel would be attended by YouTube heavyweights Jeremy Johnston of J House Vlogs, and Kreekcraft, among others.

    The two events could not represent two more wildly divergent views of the future of content generation on the Internet and what it can and should be.

    What does the PROTECT Kids Act purport to do?

    How will raising the age of "children" to 16 effect an increased and even more difficult role to manage for the FTC?

    How would it hurt many if not most "social" applications and their related business models?

    And how would such an effect ultimately hurt the very children it's purported to protect?

    We never scramble the English language for the benefit of acronyms...in Virtual Legality.

    CHECK OUT THE VIDEO AT: https://youtu.be/RS6kpVlVy-I

    #YouTube #COPPA #FTC

    ***
    Discussed in this episode:

    "YouTube At Large"
    YouTube Playlist - Hoeg Law
    https://www.youtube.com/playlist?list=PL1zDCgJzZUy8BFeoOUFCRYmb92fkWbm58

    "Will Kids' Privacy Crackdown Break the Internet?"
    TechFreedom Panel - January 13, 2020
    https://techfreedom.org/save-the-date-will-kids-privacy-crackdown-break-the-internet/

    "TAKEAWAYS FOR CONGRESS: 1) Raising #COPPA's age from 13 to 16 would make things even more confusing... @jhousevlogs"
    Tweet - January 13, 2020 - @TechFreedom
    https://twitter.com/TechFreedom/status/1216777632307609600

    "Bipartisan bill would give parents more power to protect their kids online"
    Engadget - January 9, 2020 - Igor Bonifacic
    https://www.engadget.com/2020/01/09/us-lawmakers-introduce-protect-kids-act/

    "A BILL To amend the Children’s Online Privacy Protection Act of 1998."
    HR 5573 - Introduced January 9, 2020
    https://www.congress.gov/bill/116th-congress/house-bill/5573/text?q=%7B%22search%22%3A%5B%22protect+kids%22%5D%7D&r=4&s=1

    "CHILDREN’S ONLINE PRIVACY PROTECTION"
    15 USC Chapter 91
    https://www.law.cornell.edu/uscode/text/15/chapter-91

    COPPA Rule Final Rule Amendments
    FTC Document - 2013
    https://www.ftc.gov/system/files/2012-31341.pdf

    "PART 312—CHILDREN'S ONLINE PRIVACY PROTECTION RULE"
    Code of Federal Regulations
    https://www.ecfr.gov/cgi-bin/text-idx?SID=4939e77c77a1a1a08c1cbf905fc4b409&node=16%3A1.0.1.3.36&rgn=div5

    ***
    FOR MORE CHECK US OUT:

    On Twitter @hoeglaw

    At our website: https://hoeglaw.com/

    On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

    • 29 min
    YouTube's MxR Plays: Fair Use, Extortion, and The Muddy Middle Of Copyright (VL155)

    YouTube's MxR Plays: Fair Use, Extortion, and The Muddy Middle Of Copyright (VL155)

    When YouTuber "MxR Plays" was served with a $6,000 "Notice of Settlement Fees" from viral video licensor Jukin Media, they (and others) immediately called the notice "extortion".

    What are MxR accused of? Why did Jukin pick them to send their letter to? How did Jukin arrive at that $6,000 ($1,500 per clip) amount?

    How does the law of Copyright describe infringement? How does the concept of Fair Use serve as a defense? How does the court determine when either will apply?

    And how and when can the threat of a lawsuit be deemed extortionate?

    We've got a lot to cover.

    We're always balancing factors...in Virtual Legality.

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

    #MxRPlays #JukinMedia #FairUse

    ***
    Discussed in this episode:

    "We're being extorted for all our money and we don't know what to do anymore"
    YouTube Video - January 9, 2020 - MxR Plays
    https://www.youtube.com/watch?v=bwMPSdTOfQA

    "Here are the charges Jukin media gave me."
    Tweet - January 9, 2020 - @mmoxreview
    https://twitter.com/mmoxreview/status/1215493310711644160

    "Copyright strike basics"
    YouTube Help
    https://support.google.com/youtube/answer/2814000

    "An attractive woman was arrested. This was her ridiculous response."
    YouTube Video - December 9, 2020 - MxR Plays
    https://www.youtube.com/watch?v=JLmrMboZSR4

    "Volcano Eruption in Papua New Guinea"
    Jukin Media Group
    https://www.jukinmedia.com/licensing/view/12475

    "Exclusive rights in copyrighted works"
    17 USC Section 106
    https://www.law.cornell.edu/uscode/text/17/106

    "Limitations on exclusive rights: Fair use"
    17 USC Section 107
    https://www.law.cornell.edu/uscode/text/17/107

    "More Information on Fair Use"
    US Copyright Office Website
    https://www.copyright.gov/fair-use/more-info.html

    "Interference with commerce by threats or violence"
    18 USC Section 1951
    https://www.law.cornell.edu/uscode/text/18/1951

    "Michael Avenatti and Nike: When does a lawful threat cross into extortion?"
    NBC News - March 26, 2019 - Danny Cevallos
    https://www.nbcnews.com/news/us-news/michael-avenatti-nike-when-does-lawful-threat-cross-extortion-n987256

    "Ninth Circuit Says Fair Use Must be Considered Before Sending a DMCA Takedown Notice"
    Jones Day Insights - September 2015
    https://www.jonesday.com/en/insights/2015/09/ninth-circuit-says-fair-use-must-be-considered-before-sending-a-dmca-takedown-notice

    ***
    FOR MORE CHECK US OUT:

    On Twitter @hoeglaw

    At our website: https://hoeglaw.com/

    On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

    • 47 min

Customer Reviews

AnonymousSSZZzzz ,

Fun and Informative for a Law Student

I am a law student who wants to go into business law. It is hard to find interesting and informative content on current legal events. This podcast is a great way for me to learn and stay informed about current events.

Michael - EZA ,

Excellent Insight

Rick is very thorough in his analysis of these legal topics in video games and other social media. As a video game player with no legal background, he explains things very well and lays out a lot of the facts in a understandable manner. It’s really interesting to see an insight on this side of the industry.

ArkhamFantasy ,

A unique take on the industry

Normally listening to a gaming podcast is just to hear the opinions of your favorite personalities in the industry, they generally arent telling me anything that i dont already know from reading the forums, thats not at all the case with Virtual Legality.

Rick goes in depth on a single topic hes interested in and uses his education and experience to explain whats going on in a way that anyone can understand. This is done with no bias, and most importantly, no hyperbole whatsoever that often plagues gaming discussions.

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