HHR New Media, Entertainment and Technology Group

The Ninth Circuit will issue an opinion addressing the constitutionality of content-based regulation on the sale and rental of violent video games in the next few months.  Since policymakers are expressing growing concerns over the possible effects of violent video games on the psychological and emotional well-being of children, this decision is expected to play an important role in determining what boundaries, if any, constitute permissible regulation of video game content.

The statute at issue is a 2005 California law that would prevent minors from renting or purchasing violent video games that depict serious injury to human beings in a manner that is “especially heinous, cruel, or depraved.”  Retailers who rent or sell such games in violation of the act would face a maximum fine of $1,000 for each violation.

Shortly after this law was enacted, its constitutionality was challenged by the Video Software Dealers Association and the Entertainment Software Association, two trade associations that represent companies in the video game industry.  The groups argued that video games are protected speech under the First Amendment and that the act constituted an impermissible restriction on such speech. The district court agreed with these arguments, holding that the law was unconstitutional and granting a permanent injunction against its enforcement.  Continue Reading »

The FTC announced today that Sony BMG Music has agreed to pay a $1 million fine to settle charges that it violated the Children’s Online Privacy Protection Act (COPPA). 

COPPA requires website operators to meet specific requirements prior to collecting children’s personal information, including:

• posting a privacy policy with a notice of what information it collects from children and how it uses such information;
• obtaining verifiable parental consent prior to collecting, using or disclosing children’s information; and
• providing parents with the option to consent to the collection and internal use of their children’s information without consenting to disclosure to third parties.

The Act applies to any website that has actual knowledge it collects, uses and disclosed personal information from children.  Continue Reading »

With the proliferation of social networking website use, the concept of “data portability” is influencing the development of solutions to allow users to access multiple online profiles and social utility networks all in one place . . . it’s all about the easy access these days.  In addition, technology that enables a users particular online profile to “follow” them around the web, tracking certain activity, where interaction among “friends” will occur on websites that, thus far, have not been considered social is becoming more and more popular. Continue Reading »

What’s new in digital media?   Subscribe to digitalhhr.com to receive updates of the latest news:

• One report says that ad spending on social networking sites will be lower than expected this year and will remain relatively flat in 2009.  Details from the WSJ are here. 
• The House Committee on Energy and Commerce has released a report entitled “Deception and Distrust:  The Federal Commmunications Commission under Chairman Kevin J. Martin.”  Some of the highlights of the criticism: lax oversight of telecommunciations companies and pushing for revisions to agency reports in a less-than-open fashion.  One caveat:  the report was prepared and released by the majority staff and is not necessarily a consensus view.  Here’s a link.
• Google has reached agreement to bring the magazine archive and current issues online as part of Google Book Search.  Titles involved in the project are a diverse bunch and include New York Magazine, Popular  Mechanics and Ebony.  The announcement was made via this post on Google’s official blog.
• The New York Times takes a look at licensing and other revenue opportunities that are being exploited in virtual worlds.  We’ll be looking at the legal impact that emerging technologies in the virtual space might have on licensing arrangements in the coming weeks.  Check back for the full post.

What’s new in digital media?   Subscribe to digitalhhr.com to receive today’s news:

•  Yahoo is getting out of the stand-alone Internet radio business.  It has reached an agreement with CBS Radio for the operation and ad-sales operations for LAUNCHcast radio channel.  Yahoo employees will continue to handle programming.  According to this report in the WSJ, the decision was driven, in part, by rising royalty rates for streaming music.
• Here’s an interesting piece from Advertising Age discussing the use of widgets in advertising and marketing campaigns.  The upshot:  the surface is only beginning to be scratched.
• A piece in the New York Times Bits blog discusses how YouTube’s slogan “Broadcast Yourself” can also, inadvertently, mean “Broadcast Your Taste in Videos.”   Apparently by suscribing to a YouTube channel, your user name and picture are posted on the channel page, for all the world to see.  And there is no wasy to keep your subscription private.  We will have a longer post on these type of privacy issues soon.  Stay tuned.