Addressing legal issues with the latest technological developments and social media trends.
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Pillsbury attorney, Sean F. Kane will be a featured panelist at the upcoming Video Game Bar Association’s inaugural Game Business & Legal Affairs conference. The conference will provide an in-depth analysis of the prevalent and pertinent legal and business issues within the video game industry. Founded in 2011 as an international membership organization, its mission is to provide a forum to promote the interaction of licensed attorneys whose primary practice is within the video games/interactive media industry, for lawyers are in-house counsel at game companies, and lawyers in private practice who represent game-industry clients. Mr. Kane will be serving as a panelist during the “Adventures in Finance” session which will take place on Tuesday, May 21st at 9:00am PT.

Presented By:
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AWE_13_Bnr_300x250-01-14.pngPlease join us at the Augmented World Expo 2013 (Santa Clara, June 4 – 5) for 2 days of workshops, sessions, and networking dedicated to understanding how to drive behavior in consumers, employees and stakeholders. Now in its 4th year, Augmented World Expo (formerly ARE) is assembling the biggest names — from the hottest startups and leading AR providers to the Fortune 500 — to showcase the world’s best augmented experiences that solve real world problems in all aspects of life, from entertainment and brand engagement to enterprise, industrial and commerce applications. It is expected to draw a record number of attendees from all over the world and offer a fantastic opportunity to network, learn, inspire and experience Augmented Humans in an Augmented World.

  • Network – Connect with 1000 like-minded AR enthusiasts
  • Learn – 35 hours of educational sessions by 1000+ industry leaders
  • Experience AR – The largest expo of “Augmented Humans in an Augmented World”
  • Get Inspired – Past sessions were rated 92% positive (on average)
  • Find a product or partner – In 2012 70% of attendees reported finding a product or partner
  • It will exceed your expectations – 93% of 2012 attendees said they will likely return.

REGISTER NOW (If you register before May 7th, use our discount code AWE2013 for registration) !

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The Bank of China Hong Kong announced recently that it plans to launch its first credit card that is compatible with Near Field Communication (“NFC) technology this year. NFC is a set of standards for smartphones and similar devices to communicate with each other by either by touching or bringing them into close proximity. One of the products that will be offered will serve as an electronic wallet for clients containing all their credit cards issued by the bank and will enable them to turn their iPhones into payment devices.

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Yesterday a NY court again dismissed Viacom’s $1 billion suit against Google/YouTube for copyright infringement. The court found that the DMCA shielded YouTube from liability after an appellate court (see prior blog post) vacated the prior dismissal.

This decision reaffirms the fact that, subject to certain exceptions, the burden of policing copyright infringement falls squarely on the copyright owners, not online service providers who host content uploaded by users. One of the potential exceptions at issue here is if the online service provider has actual knowledge of specific infringing content. The court found that even if YouTube knew generally that there was a lot of infringing content, the exception did not apply because there was no evidence that they knew of specific clips that were infringing.

This decision again confirms the power of the DMCA for online service providers who host user uploaded content. But the DMCA protections do not automatically apply. You must take proactive steps to benefit from the protection. If you have any questions about the DMCA please contact us.

Here is a copy of the decision.

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Please join us April 24-25 at the Social Casino Summit. Pillsbury will be participating in the Global iGaming Summit and Expo as an exhibiting sponsor

James Gatto will be presenting a session titled, “Clarifying the blurred legal boundaries between various forms of social, virtual currency, prediction, sweepstakes and other forms of gaming – what you can and can’t do,” at 3:30pm PT, Thursday, April 25.

With social casino games monetizing five times better than other social games, whether on Facebook or other online and mobile platforms, the opportunity is the lucrative one, but the market is getting very crowded.

Join the early adopters, established leaders and new comers in the social casino space at this inaugural Social Casino Summit and:

  • Bring the ‘social’ to social casino – take your games to the next level with more sophisticated game design and enhanced virality features
  • Transform your games so they offer a truly cross-platform and cross-product experiences
  • Learn what works in real casino properties to keep players engaged and loyal – could these lessons help you build games that will retain customers better?
  • Crack the social sportsbetting challenge and tap into the lucrative male demographic
  • License well recognized brands to create branded games to tap into new customer bases and increase customer loyalty
  • Understand how the business of social and real-money gaming converge – is there really a proven case for player conversion
  • Assess the real-money gaming opportunity to understand whether you should exploit it through a partnership or on your own
  • Network with real-money gaming operators and suppliers – find partners for your foray into the real-money gaming world
  • Understand the future of regulated internet gaming in the USA by attending the co-located GiGse – learn about the regulatory landscape and business opportunities
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Check out this Mobile Payments Infographic brought to you by the Mobile Payments Working Group, as part of the Application Developers Alliance. Pillsbury team members Jim Gatto, Deb Thoren-Peden and JiJi Park are all members of the working group and contributed to this effort. If you like to learn more about some of the unique legal issues related to mobile payments, contact us! We are also developing some informative events on the topic so stay tuned!

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The SEC has provided guidance to publicly reporting companies on how to use popular social networking sites, such as Facebook and Twitter, consistent with federal securities laws. For more information, please read Safe Tweeting: SEC Provides Guidance on Social Media and Regulation FD Compliance.

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The Securities and Exchange Commission issued a report that makes clear that companies can use social media outlets like Facebook and Twitter to announce key information in compliance with Regulation Fair Disclosure (Regulation FD) so long as investors have been alerted about which social media will be used to disseminate such information.

According to an SEC press release:

  • The SEC’s report confirms that Regulation FD applies to social media and other emerging means of communication the same way it applies to company websites.
  • The SEC issued guidance in 2008 clarifying that websites can serve as an effective means for disseminating information to investors if they’ve been made aware that’s where to look for it.
  • The recent report clarifies that company communications made through social media channels could constitute selective disclosures and, therefore, require careful Regulation FD analysis.
  • Regulation FD requires companies to distribute material information in a manner reasonably designed to get that information out to the general public broadly and non-exclusively. It is intended to ensure that all investors have the ability to gain access to material information at the same time.

According to George Canellos, Acting Director of the SEC’s Division of Enforcement “One set of shareholders should not be able to get a jump on other shareholders just because the company is selectively disclosing important information. Most social media are perfectly suitable methods for communicating with investors, but not if the access is restricted or if investors don’t know that’s where they need to turn to get the latest news.”

The SEC’s report of investigation stems from an inquiry the Division of Enforcement launched into a post by Netflix CEO Reed Hastings on his personal Facebook page stating that Netflix’s monthly online viewing had exceeded one billion hours for the first time. The SEC did not initiate an enforcement action or allege wrongdoing by Hastings or Netflix, citing market uncertainty about the application of Regulation FD in this context.

Click here for a full copy of the SEC Report

For additional information on social media legal issues please contact us.

 

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MP900449113.JPGA weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

 

RUMOR: Google Is Launching An Augmented Reality Based E-Book Line
Google is going to be launching a line of e-books that utilize augmented reality using technology that was developed by Niantic Labs.  Niantic Labs is essentially a start-up subsidiary owned by Google that develops massive multiplayer online video games.

Valve Can’t Pull Plug On Video Game Data Breach Suit
A class action accusing video game developer Valve Corp. of failing to adequately protect user information survived a dismissal bid Monday after a Washington federal judge found the plaintiff sufficiently alleged he was harmed by a November 2011 data breach.

British teen sells Summly app for millions
A south London schoolboy has become one of the world’s youngest tech millionaires after selling his mobile app to Yahoo!.

Bitcoin, up 152% this month, tops $1 billion in total value
Digital currency bitcoin continues its remarkable and somewhat inexplicable run. It’s up 152% this month, and today the total value of all outstanding bitcoins–its market capitalization, if you will–topped $1 billion for the first time before settling back down.

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California Senator Mark Leno recently introduced Senate Bill 467, a bill that would declare the intent of the Legislature to enact legislation prohibiting a government entity from obtaining the contents of a  wire or electronic communication from a provider of electronic communication service or remote computing service. California Penal Code § 1524 authorizes a court or magistrate to issue a warrant for the search of a place and the seizure of property or things identified in the warrant where there is probable cause to believe that specified grounds exist, and also provides for a warrant procedure for the acquisition of stored communications in the possession of a provider of electronic communication service or remote computing service. Specifically, a search warrant may be issued pursuant to Subsection (a)(7) “[w]hen a provider of electronic communication service or remote computing service has records or evidence, as specified in Section 1524.3, showing that property was stolen or embezzled constituting a misdemeanor, or that property or things are in the possession of any person with the intent to use them as a means of committing a misdemeanor public offense, or in the possession of another to whom he or she may have delivered them for the purpose of concealing them or preventing their discovery.” If a search warrant is granted, Section 1524.3 requires the disclosure of the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of the services, and the types of services the subscriber or customer utilized. Under existing law, a governmental entity receiving subscriber records or information under this Section 1524.3 is not required to provide notice to a subscriber or customer.  S.B. 467 has been referred to the Committee on Rules for assignment.