HHR New Media, Entertainment and Technology Group

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• The Electronic Frontier Foundation released a “terms of service” tracker earlier this week. The tracker chronicles older and new terms of service agreements, side by side, and highlights changed provisions. The TOSBack.org site was created in part from an outgrowth of Facebook’s change in its service agreement in February that, under a broad interpretation, provided that Facebook with a license to its members’ uploaded content even after termination of membership. Following criticism in the media and by its members, Facebook backed down and provided for a termination of the license. But the episode revealed the difficulty end users have in evaluating how revised terms of service provisions can have real impact. The “terms of service” tracker currently tracks 44 sites, including Facebook, Google, Wordpress, Data.gov, YouTube, GoDaddy, and eBay. Continue Reading »

If you are designing or developing a video game that depicts this planet or any other fictional world, then you need a pair of trained legal eyes to review the people, places, products and things that will be featured in the game. Go it alone, and you are traveling down a windy road that intersects with copyright, trademark, privacy law and the First Amendment, where the case law is complex, the rulings are inconsistent, and the outcome may ultimately depend on the jurisdiction. Make one mistake and you will find yourself staring down a lawsuit before your game title moves a thousand copies. Whether the lawsuit is filed by the owner of a popular destination who thinks you stole the “look and feel” of his establishment (see E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc., 2008 WL 4791705 (9th Cir. 2008)) or the lead singer of a retro-funk dance group who claims a character in your game wears the same clothing and resembles her (see Kirby v. Sega of America, Inc., 144 Cal.App.4th 47 (2006)), video game profits have caught the world’s attention, and, as in all things, success leads to lawsuits. Continue Reading »

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• As online, targeted advertising becomes more and more common, the question of balancing privacy concerns and commercial demands is becoming increasingly more complex.  While website privacy policies can disclose how information provided to the site’s publisher may be used, they can’t explain how and why you are being shown a specific advertisement when you visit the site.  Joseph Turow, a marketing professor at the Annenberg School for Communication at the University of Pennsylvania, has developed an approach to provide consumers with more information and control over how they view ads.  Mr. Turow’s plan:  place an icon on Continue Reading »

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• According to a new research study by Nielson Online, social sites like Facebook have surpassed e-mail as the number one online activity, with two-thirds of the world’s population visiting social networking or blogging sites.  What’s more, the “stickiness” of these sites is expanding, with one of every 11 minutes spent online being devoted to social networking activities.  And, in a finding to confirm the frustration and consternation of many teenagers, the fastest growing audience on Facebook is the 35-49 age group.  Which may explain such Facebook groups as “Cool Parents Who Have Facebooks”, although we at digitalhhr can proudly say we have avoided joining that one.) Continue Reading »

There are lots of ways to track our Internet use these days – and its scary to think that each and every piece of information related to such use, including the sites we visit and the products we purchase, are “fair game” for advertisers.  In particular, behavioral targeting, which essentially tracks our use of the web so that advertisers can push ads to us that are specifically tailored to our interests, gives a lot of people pause.  In its recently released report, the FTC made recommendations which seek to balance the potential benefits of behavioral advertising against privacy concerns and encourage privacy protections while maintaining a competitive marketplace.  Continue Reading »