Copyright and Trademark

What is the DMCA?

The main goal of the Digital Millennium Copyright Act (DMCA) is to protect technology, devices, and/or services that are copyrighted. It also makes it a criminal act to circumvent access to technology, devices, and/or services even if there isn’t actual infringement on copyright – aka, trying to access something online without permission. At its core, …

What is the DMCA? Read More »

EU Approves Copyright Directive

This month, the European Parliament voted in favor of the Copyright Directive, a piece of legislation intending to update online copyright laws. The apparent goal of the Directive on Copyright in the Digital Single Market is to hold platforms with user content, like YouTube and Facebook, liable for copyright infringement. Or in the video game …

EU Approves Copyright Directive Read More »

The First Amendment and Video Games – Part 3: Protected v. Unprotected Speech

What does the First Amendment Protect? In terms of speech only (the First Amendment protects a lot that isn’t speech), the First Amendment protects “expression.” It does not protect anything that is not expressive. Expression does not have to be words. For example, the Supreme Court has ruled that video games (even if they do not …

The First Amendment and Video Games – Part 3: Protected v. Unprotected Speech Read More »

Valve’s content policy and the First Amendment

Back in May, Valve changed its content policy to crack down on visual novels containing adult content. Just a few weeks later, Valve again changed its policy to allow anything that isn’t “illegal” or “straight-up trolling.” This led many developers and consumers down a rabbit hole of questions surrounding what Valve’s role should be in …

Valve’s content policy and the First Amendment Read More »

DMCA Contacts – How to report copyright infringement

If you have created original work/piece of intellectual property and your copyright has been infringed upon, you can report alleged violations and request a take-down on platforms that comply with the Digital Millennium Copyright Act (DMCA) of 1998. Many of these platforms screen or select submissions and a DMCA notice may not be appropriate even …

DMCA Contacts – How to report copyright infringement Read More »

What’s up with the DMCA fight over defunct online games?

If you’ve been paying attention, you may have seen press coverage of the Entertainment Software Association’s opposition (PDF) to a proposed change to the Digital Millennium Copyright Act. So, what is ESA arguing about? Who are they arguing with? Why is this happening? The short version: A “museum” petitioned the copyright office to change the rules …

What’s up with the DMCA fight over defunct online games? Read More »