For the purpose of this blog, I will be reviewing a few podcasts I had the opportunity to listen to in regards to entertainment law. Gordon P Firemark, Esq.’s monthly podcasts provide brief summaries and discussions of current entertainment law issues. You can subscribe to his podcasts and view recent cases discussed here: http://www.entertainmentlawupdate.com/
Sunday, August 28, 2011
Saturday, August 6, 2011
Legalities of the Video Game Industry
As the video game industry continues to be a growing market, its controversies seem to be developing with along with the technology. However, the industry is still considered “new,” its issues around creating and enforcing laws seem to be more complicated.
Cory Doctorow will be presenting at the Siggraph 2011 conference this month, further detailing these issues. He said he will “get into some of the questions about how you would design copyright policies and systems that actually pay artists instead of ones that just put snitch chips in all our devices” (Kyllo, Blaine.) We have seen what unpreparedness has done to the music industry as they continue to try to develop new ways to create consistent revenue streams. If we do not develop the proper laws to protect this industry, they will be in danger of the same fate the music industry suffered and is continuing to try to recover. According to Doctorow, “copyright law should provide a set of rules and policies that ensure the public gets access to the widest range of works, creators aren’t held over a barrel by publishers, and publishers aren’t handcuffed by vendors or intermediaries” (Kyllo, Blaine.)
Last month, Mark Methenitis wrote about the legal issues around “obscene content” in a recent ruling. Methenitis explains that the decision made followed case law, not bending, breaking or adjusting any rules around media content. I do agree with the statements that the parents ultimately have the control around what content their children are exposed to and can help prevent this exposure with parental controls. But was the analysis of the first amendment used to keep things where they are or help technology progress even further? Again I think we need to start digging deeper into the future and possibilities of these new media outlets to help us determine the how laws will be impacted.
Finally, I would like to discuss the recent data privacy breach with Sony. In April this year, hackers were able to pull personal data, including credit card numbers, from over 100 million Sony users. This breach has left several people and companies questioning the idea of “cyberinsurance” to protect against identity theft (Burkowitz, Ben.) Unfortunately, these data breaches are not uncommon, which is why this instance is stirring the debate around insurance policies. Who knew that participating in an online community could cost you your identity? Now, Sony is looking to its insurance provider to help cover the damages for their customers, but they continue to receive push back.
Again, we see how important it is for us to start planning for the future of these new media outlets. We need to protect our products and services, as well as our consumers. This protection may come in the way of new laws, updated analysis of the first amendment, or even new insurance policies to protect company assets and consumer information. Either way, we need to be making projections with this new media to be ahead of the game instead of behind the curve.
Berkowitz, Ben. Sony data breach : Sony insurer sues to deny data breach coverage Data of more than 100 million users hacked in April. Reuters July 22, 2011.
Kyllo, Blaine. Copyright; Cory Doctorow talks copyright ahead of SIGGRAPH 2011 keynote in Vancouver. August 2, 2011
Methenitis, Mark. 1st amendment rights on obscene games; LGJ: On Brown v. Entertainment Merchants Assn.. Jul 4th 2011 6:45PM.
Cory Doctorow will be presenting at the Siggraph 2011 conference this month, further detailing these issues. He said he will “get into some of the questions about how you would design copyright policies and systems that actually pay artists instead of ones that just put snitch chips in all our devices” (Kyllo, Blaine.) We have seen what unpreparedness has done to the music industry as they continue to try to develop new ways to create consistent revenue streams. If we do not develop the proper laws to protect this industry, they will be in danger of the same fate the music industry suffered and is continuing to try to recover. According to Doctorow, “copyright law should provide a set of rules and policies that ensure the public gets access to the widest range of works, creators aren’t held over a barrel by publishers, and publishers aren’t handcuffed by vendors or intermediaries” (Kyllo, Blaine.)
Last month, Mark Methenitis wrote about the legal issues around “obscene content” in a recent ruling. Methenitis explains that the decision made followed case law, not bending, breaking or adjusting any rules around media content. I do agree with the statements that the parents ultimately have the control around what content their children are exposed to and can help prevent this exposure with parental controls. But was the analysis of the first amendment used to keep things where they are or help technology progress even further? Again I think we need to start digging deeper into the future and possibilities of these new media outlets to help us determine the how laws will be impacted.
Finally, I would like to discuss the recent data privacy breach with Sony. In April this year, hackers were able to pull personal data, including credit card numbers, from over 100 million Sony users. This breach has left several people and companies questioning the idea of “cyberinsurance” to protect against identity theft (Burkowitz, Ben.) Unfortunately, these data breaches are not uncommon, which is why this instance is stirring the debate around insurance policies. Who knew that participating in an online community could cost you your identity? Now, Sony is looking to its insurance provider to help cover the damages for their customers, but they continue to receive push back.
Again, we see how important it is for us to start planning for the future of these new media outlets. We need to protect our products and services, as well as our consumers. This protection may come in the way of new laws, updated analysis of the first amendment, or even new insurance policies to protect company assets and consumer information. Either way, we need to be making projections with this new media to be ahead of the game instead of behind the curve.
Berkowitz, Ben. Sony data breach : Sony insurer sues to deny data breach coverage Data of more than 100 million users hacked in April. Reuters July 22, 2011.
Kyllo, Blaine. Copyright; Cory Doctorow talks copyright ahead of SIGGRAPH 2011 keynote in Vancouver. August 2, 2011
Methenitis, Mark. 1st amendment rights on obscene games; LGJ: On Brown v. Entertainment Merchants Assn.. Jul 4th 2011 6:45PM.
Sunday, July 24, 2011
Napster: Still Alive and Streaming
I had the opportunity to have dinner with the Senior Director of Global Content Operations for Napster. If you are not currently aware, Napster is now currently under the Best Buy umbrella, offering the ultimate digital music package, unlimited on-demand music streaming, via any PC or certain Internet connected TVs and home audio devices, as well as downloadable songs for one's permanent collection playable on any MP3 compatible device, including iPod®, iPhone®, and all music-enabled mobile phones.
She has been in the music digital distribution industry for over 12 years, starting at Universal Music Group as an associate director. She got involved in the industry because of the relationship she had with a friend who was currently doing the job she took over. She happened to be moving back into town as her friend was leaving and she very quickly adapted to the position, proving her leadership abilities, and succeeding in the role. With her current role at Napster, she is very involved with the future of digital distribution, helping set the tone for international laws and expectations. We discussed the opportunities that Napster currently presents with their streaming services and iTunes/Pandora similarities in platforms, which seems to provide a more affordable service on both fronts.
As I asked about the future of Napster and their digital content, we further entertained the digital distribution service, similar to Netflix, CinemaNow. CinemaNow is a digital entertainment service, also run by Best Buy, that offers instant access to an extensive library of premium video content for rental or purchase, including new release movies and TV shows, with no subscription required. Through the service, customers can seamlessly access content on a wide range of Internet-connected devices, including TVs, Blu-Ray Disc players and PCs from multiple manufacturers.
I then began to tell her about the research I am doing into video game digital distribution as well as my projections for how this service could be profitable. She suggested I talk with one of the analysts to get additional information about the licensing process and how things work for both Napster and CinemaNow to further understand the revenue stream.
Our relationship is only beginning and we plan to continue a monthly rhythm discussing the future of digital content, career development, and our personal lives. I am very grateful for the passion and intensity Jean has around solving for our customers and providing a complete solution for not just now, but also the future.
She has been in the music digital distribution industry for over 12 years, starting at Universal Music Group as an associate director. She got involved in the industry because of the relationship she had with a friend who was currently doing the job she took over. She happened to be moving back into town as her friend was leaving and she very quickly adapted to the position, proving her leadership abilities, and succeeding in the role. With her current role at Napster, she is very involved with the future of digital distribution, helping set the tone for international laws and expectations. We discussed the opportunities that Napster currently presents with their streaming services and iTunes/Pandora similarities in platforms, which seems to provide a more affordable service on both fronts.
As I asked about the future of Napster and their digital content, we further entertained the digital distribution service, similar to Netflix, CinemaNow. CinemaNow is a digital entertainment service, also run by Best Buy, that offers instant access to an extensive library of premium video content for rental or purchase, including new release movies and TV shows, with no subscription required. Through the service, customers can seamlessly access content on a wide range of Internet-connected devices, including TVs, Blu-Ray Disc players and PCs from multiple manufacturers.
I then began to tell her about the research I am doing into video game digital distribution as well as my projections for how this service could be profitable. She suggested I talk with one of the analysts to get additional information about the licensing process and how things work for both Napster and CinemaNow to further understand the revenue stream.
Our relationship is only beginning and we plan to continue a monthly rhythm discussing the future of digital content, career development, and our personal lives. I am very grateful for the passion and intensity Jean has around solving for our customers and providing a complete solution for not just now, but also the future.
Saturday, July 16, 2011
Harry Potter: A Life Changing Experience...
Harry Potter is certainly a hot topic across the world as the movie franchise has now released the final chapter in story. Fans dressed up as their favorite characters while others chose more "adult" versions of what you'd expect to see roaming the halls of Hogwarts. I do not consider myself an avid fan. In fact, it took me several years of nagging from my younger sister to even read one of the books in the series. That's all it took though. The first book had me pulled in and I knew I was ready to read the entire series. I read it in a different light though, seeing many of these characters already on the big screen, but aware of the way these stories impacted the lives of those around me.
My youngest sister had always been the "wild child." Taking what she wanted, requesting things others had only thought about, and truly coining my mom's phrase, "If you don't ask, you don't get."She was loud, and very easily misunderstood as she acted in the now. I was in high school and she was in middle when she dove so deep in love with the place where even the odd kids were accepted. Harry Potter got her through some of our darkest days as a family. I remember having to convince her that the way things had worked back in Iowa had nothing to do with her. I defended the idea that a chid should not be told what fiction is okay to read. Our imagination is what pushes us forward in technological advancements, helping us find cures to diseases, developing tools to make tasks more efficient and ultimately pushing the envelope of science and creativity. I know she continues to feel some guilt towards the outcomes, but it truly had nothing to do with her or her book choice.
In fact, it was this series that lead her to a group of friends as she started a new chapter of her life, high school in Colorado. She was given a chance to be herself for once. Not live in the shadow of me or her other older sister, but instead, she created her own path. She found her voice in writing fan fiction and drawing. She found her talent in singing and performance, which led her to Azusa Pacific University. Here, she discovered her own Hogwarts. Her bitterness and anger she seemed to store in high school began to fade away as she understood how accepted she is for being herself.
I know that with the close of the box office on this film, she sees a large piece of her life coming to a close. Yes, there is a theme park and a new online interactive experience soon, but nothing can change the connection she was able to make with Harry, Ron, Hermione and the rest of the gang. Just as these stories have changed the lives of the actors and actresses in the films, so have they changed the life of my little sister. As we have seen the visual effects develop, so have I seen my sister embrace who she is with confidence and grace. You didn't just impact my sister, you helped impact film.
Thank you J.K Rowling, for your imagination inspiring stories that didn't just touch the life of my sister, you helped shape her into the young woman she is now and I am grateful.
It's more than a successful franchise...
Mischief Managed
My youngest sister had always been the "wild child." Taking what she wanted, requesting things others had only thought about, and truly coining my mom's phrase, "If you don't ask, you don't get."She was loud, and very easily misunderstood as she acted in the now. I was in high school and she was in middle when she dove so deep in love with the place where even the odd kids were accepted. Harry Potter got her through some of our darkest days as a family. I remember having to convince her that the way things had worked back in Iowa had nothing to do with her. I defended the idea that a chid should not be told what fiction is okay to read. Our imagination is what pushes us forward in technological advancements, helping us find cures to diseases, developing tools to make tasks more efficient and ultimately pushing the envelope of science and creativity. I know she continues to feel some guilt towards the outcomes, but it truly had nothing to do with her or her book choice.
In fact, it was this series that lead her to a group of friends as she started a new chapter of her life, high school in Colorado. She was given a chance to be herself for once. Not live in the shadow of me or her other older sister, but instead, she created her own path. She found her voice in writing fan fiction and drawing. She found her talent in singing and performance, which led her to Azusa Pacific University. Here, she discovered her own Hogwarts. Her bitterness and anger she seemed to store in high school began to fade away as she understood how accepted she is for being herself.
I know that with the close of the box office on this film, she sees a large piece of her life coming to a close. Yes, there is a theme park and a new online interactive experience soon, but nothing can change the connection she was able to make with Harry, Ron, Hermione and the rest of the gang. Just as these stories have changed the lives of the actors and actresses in the films, so have they changed the life of my little sister. As we have seen the visual effects develop, so have I seen my sister embrace who she is with confidence and grace. You didn't just impact my sister, you helped impact film.
Thank you J.K Rowling, for your imagination inspiring stories that didn't just touch the life of my sister, you helped shape her into the young woman she is now and I am grateful.
It's more than a successful franchise...
Mischief Managed
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