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"Virtual Legality" is a continuing series discussing the law, rules, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law) of Northville, Michigan. Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them. DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO ...
 
This page is dedicated to driving a conversation for choral musicians with the PHILOSOPHY of Choral Music at the heart of every post and podcast episode. Topics will be wide ranging from the technical aspects of our jobs and careers all the way to the artistic interpretations and values that make us who we are as artists. Join me in this conversation in which I hope we can learn from each other.
 
Libreria, a bookshop by Second Home, is an independent bookshop in Shoreditch, London. We help you discover new books and ideas to encourage interdisciplinary thinking. In the shop, we curate our books to maximise serendipity – our shelves are arranged according to broad themes like 'Wanderlust', ‘Enchantment for Disenchanted’ and ‘The City’, so you’re constantly encountering titles you might not have come across otherwise. In this podcast, Libreria's curator Paddy Butler does the same for y ...
 
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show series
 
California isn't the only party unhappy with the Equal Employment Opportunity Commission (EEOC) and its proposed $18 million settlement with Activision Blizzard. The Communications Workers of America (CWA), a labor union that has already helped Activision employees file one charge with the National Labor Relations Board (NLRB), has decided to bring…
 
Like it or not, the Destiny Content Vault (DCV) is back and badder than ever. Did you enjoy playing Forsaken, hunting barons, and winding your way through the Tangled Shore? Well too bad, Bungie's got new stuff to sell you.But as we look at questions of contract law, business models, good faith and more, one thing remains true - it's certainly a bo…
 
At some point, we have to come back to choir, (or quit) and the Covid risk will not be zero. So, it is now unavoidable that we will have to become comfortable engaging with humans in close proximity because they NEED us. Choir is essential. Nicola Dedmon recently wrote a great article in the ACDA Western Division’s Tactus magazine over the summer t…
 
Not content to let the EEOC's claim of ethics violations in the Activision lawsuit go without response, the State of California's Department of Fair Employment and Housing (DFEH) has accused the federal agency of misrepresenting key facts and even breaching its "duty of candor" to the Court.Oh, and a new challenger has arrived - one that is claimin…
 
When the Equal Employment Opportunity Commission (EEOC) both sued and settled with Activision Blizzard on September 27, 2021, it was unclear how the State of California would take it. Now we know that the answer to that question was "not very well", as California's Department of Fair Employment and Housing (DFEH) has moved to challenged the propose…
 
"Epic vs Apple" Phase 2 continues in earnest with both parties now having notified the Ninth Circuit of their intent to appeal the trial court's decision.But while Epic continues to work on its brief, Apple has something more immediate to worry about: a 90 timer on the trial court's injunction of its "anti-steering" provision - a timer Apple would …
 
Amazon's enormously popular game streaming platform, Twitch, is once again in the news (for all the wrong reasons), as it deals with the fallout of a data breach and "malicious" hack that left the streaming giant's source code in public hands and its streamers answering questions about their own earnings.But with such sensitive information out in t…
 
Brought to you by members of my Patreon, who have collaborated with me to create this episode. This is the first time I have done a MULTI topic show. I think you will enjoy it! Support the Show! Topics in this short episode include: How are you navigating the return to “normal” activities? Do you get flack for not following the zeitgeist in a very …
 
The final Super Smash Brothers Ultimate character has arrived! And it's non other than fan favorite Sora of the Disney/Square Enix game franchise Kingdom Hearts.But with so many intellectual property cooks in the kitchen, just how difficult was it to bring the character to life in a Nintendo exclusive? And how does the announcement itself hint at l…
 
In an explosive 60 Minutes Interview, former Facebook employee Frances Haugen acted as "whistleblower" exposing her former employer's internal research on hate speech, divisiveness, and more, with the claim that the same was a violation of US securities laws.But did Ms. Haugen make a case that such laws were actually violated? How do whistleblower …
 
The Black Widow saga is ended. Scarlett Johansson and Disney have agreed to terms on the payments to be made to the actress/producer for her work in her character's solo MCU outing.But why now? And did anyone actually win in this fight? What did it cost? Certainly not everything (but a lot)...in Virtual Legality.CHECK OUT THE VIDEO AT: https://yout…
 
It's Nintendo Switch Pro rumor time again! Now with even more denials from Nintendo.What did Bloomberg report? How was it characterized by Nintendo? And when is a lie not a lie?Parsing - it's not just a programming term...in Virtual Legality.CHECK OUT THE VIDEO AT: https://youtu.be/d7ZmDw6Rgxg#Activision #Blizzard #Lawsuit***SUPPORTING THE CHANNELP…
 
As Amazon Games experiences its first success with New World, Netflix launches both its mobile gaming initiative and announces its first studio new acquisition. What does the future of gaming hold? It might be something very different from its past.Big Tech and gaming have really just met, but that doesn't make them met-averse...in Virtual Legality…
 
In this episode, I read some recent reviews from the Apple Podcasts App, as well as some questions that came in through the website. Then, I have clipped out a portion of episode one of Reconstructing the Dialogue. A new podcast on which I am but one voice of many. Journalist Mónica Guzman, Professor Erec Smith and author and frequent Newsweek colu…
 
You are unlikely to find a lawsuit and settlement quite as closely situated in time as those between the US Equal Employment Opportunity Commission (EEOC) and Activision Blizzard on September 27, 2021.But while some are enthused that Activision is finally realizing *some* cost for the behavior alleged, others are upset at the size of the offering.W…
 
Fans want to support and create in the universes they love and Bungie's Destiny universe is no different. But what happens when the owner of that universe uses a fan creation in its own material? What are derivative works and what does it mean when they are created without permission? Why is it very difficult to get the legal protection an artist m…
 
Marvel and Disney's ownership of major characters like Spider-Man, Doctor Strange, and Thor is being challenged by the estates of the individuals that originally created them, but do those individuals have the right to terminate decades old agreements?The answer may turn entirely on a court's interpretation of a law written in 1909, and what exactl…
 
Games Workshop (controllers of Warhammer and Warhammer 40k) has had a bit of legal drama surrounding it of late, but the latest is perhaps even more interesting than most. What is normal in an Non-Disclosure Agreement? What is not? And what makes a non-competition provision "very odd"? It's possible you're already indirectly engaged with GW just by…
 
We can expect “Excellence” and be inclusive of all ability levels at the same time! That’s it. That’s the Blog. Car Thoughts on the topic Just kidding. There’s more. On the Choralosophy Podcast over the last several years, I have presented my thoughts on choral music curriculum in several episodes. From grading policies, to literacy instruction, as…
 
"Apple lied." - Tim Sweeney, September 22, 2021Fortnite will not return to iOS (or Apple in general) until the court process has played itself out. Epic (through CEO Tim Sweeney) claims this a reversal of promises made by Apple both publicly and privately. But is it? And just how long is the court process likely to be anyway?This playlist is not go…
 
Twitch and the DMCA. What a pair.After 2020's deluge of music industry complaints, the game streaming platform has been scrambling both to assuage the content creators that make up its business, and to get itself out of the line of fire. With this week's announcement of an agreement with the The National Music Publishers’ Association (NMPA), it's c…
 
"An Activision spokeswoman...on Monday confirmed that the SEC’s investigation concerns the company’s disclosures regarding employment matters..., adding that the agency has subpoenaed several current and former employees..."Wall Street Journal - September 20, 2021***Activision Blizzard's problems with the State of California and their related probl…
 
What do PlayStation exclusive Kena: Bridge of Spirits, multi-platform Yakuza franchise spin-off Lost Judgment, and Xbox exclusive Forza Horizon 5 all have in common? Some questionable timing.Review Embargoes, "early" access bonuses, and marketing with "Day One" when a release is anything but are all on the menu today.What do you call a review that'…
 
Marty O'Donnell is one of the best known composers of video game music in its history, responsible for not only the iconic Halo hymn but also the baseline for Destiny's own unique sound. But in falling out with game developer Bungie in 2014, Mr. O'Donnell lost the rights to the music he had created for such projects as a result copyright law (and "…
 
"Within the last six months [Activision Blizzard] has repeatedly engaged in unlawful conduct by threatening employees in the exercise of the rights guaranteed by Section 7 [of the National Labor Relations Act]." NLRB Charging Document filed on behalf of "A Better ABK" - September 10, 2021***A Better ABK, the group of Activision Blizzard employees w…
 
Panel discussion featuring three insightful Professors In this week’s special panel conversation, I am finally responding to what has been a frequent listener suggestion for a podcast topic. A “no BS” discussion on the Choral Grad School decision that weighs so heavily on many of us, sometimes more than once in our careers. So, I invited a group of…
 
Not one to be put off by such a little thing as a 185 page trial court ruling, Epic Games has done what was anticipated and immediately appealed. In other words "Epic v Apple - Round 2" begins now.So why is Epic appealing when Apple is still on the fence? And what can we learn about the Ninth Circuit reversal rate in the process?We don't skip *appe…
 
It's the day we've long waited for. The "Epic vs Apple" decision is in...and it's 185 pages long.Who won? Who lost? As it turns out, reasonable minds (and some unreasonable ones) can differ even there.So dust off that knowledge of antitrust law, the Sherman Act, Rules of Reason, intellectual property commissions, relevant markets, illegal restraint…
 
Scarlett Johannsson and her team have painted Disney as an evil empire bent on using Black Widow and the Marvel Cinematic Universe (MCU) for its own nefarious Disney Plus-related ends. But with new information coming out regarding how her team conducted "negotiations", many more questions have been raised.We're right there with you wishing for the …
 
This special episode is something a bit different, in that it is a recap of a shared experience. All the way back on Episode 17, Marques Garrett challenged me to intentionally find an opportunity to be an “only” in the room. I had reflected in that conversation that, as a white guy, I don’t think I’ve ever been the “only one” in a room. “I don’t kn…
 
Remedy Entertainment's Alan Wake never got the kind of attention it deserved. But that might all change with the announcement of "Alan Wake Remastered" for Xbox, PlayStation, and PC.It never was just a lake...in Virtual Legality.CHECK OUT THE VIDEO AT: https://youtu.be/d3CPRHZ08fs#AlanWake #AlanWakeRemastered #Remedy***SUPPORT THE CHANNELPATREON - …
 
Take Two Interactive has sued the developers of "re3" and "reVC", reverse engineered source code projects designed to make Grand Theft Auto 3 and Vice City playable on unsupported platforms with additional features.Many other developers have elected not to sue over similar projects, but does that make them...legal?We have a lot to discuss.Reverse E…
 
The US Supreme Court's "shadow docket" of emergency motion decisions has long been a source of curiosity and controversy, but no more so then when the State of Texas deputized its citizenry to enforce a new abortion law (S.B. 8).What was asked of the Court, and why did SCOTUS elect not to act? How would the dissent have dealt with the situation? An…
 
Removing Barriers To Honest and Emotional Singing J. D. Frizzell J.D. Frizzell is a standout educator and clinician. In this episode, we discuss Dr. Frizzell’s successful approach to getting his singers to come out of their shells! We all want our ensembles to sing with passion, honesty, and expression, but how do we achieve this in an objective, m…
 
A new challenger has entered the "Epic vs Apple" fray, but is South Korea's new "anti-google" bill as significant to the tech titans as some have assumed?There's a difference between rights and means..in Virtual Legality.CHECK OUT THE VIDEO AT: https://youtu.be/fruldokyfYc#Epic #Apple #SouthKorea***SUPPORT THE CHANNELPATREON - https://www.patreon.c…
 
Starfield - the game no one has seen (but which everyone wants to fight over), continues to be a sticking point in Microsoft's post-Bethesda merger messaging. What did Bethesda's Pete Hines say about the Xbox exclusive, and why did so many report on it? And why is it unfair to lay the resulting "confusion" at the feet of Bethesda fans?Microsoft wan…
 
The "Epic vs Apple" opinion is not quite ready for public consumption, but as other developers agree to settlements and Epic CEO Tim Sweeney tries to box Apple into a corner, there's no question that even the trial court's decision is not likely to end this particular fight. Sometimes you aim at another, but hit only yourself...in Virtual Legality.…
 
"...DFEH is also informed...documents related to investigations and complaints were shredded by human resource personnel and emails are deleted thirty (30) days after an employee’s separation." - Department of Fair Housing and Employment (CA), amended complaint against Activision BlizzardActivision Blizzard's day just got worse as the State of Cali…
 
Part of the Oxford Series on the Choralosophy Podcast Visit Oxford’s Expansive Choral Catalogue! The next installment of the Oxford Series is THE John Rutter. We have all grown up knowing the name and legacy that John represents. In this conversation, my goal was to give you a peak behind the curtain revealing the human side of the legend. We discu…
 
Twitch's ban of Dr. Disrespect in the Summer of 2020, when he was then one of the platform's most popular streamers, has been a constant topic of debate and conversation in the gaming and game streaming industries. Now, that debate has changed as talk of lawsuits fill the air. Will Dr. Disrespect sue Twitch? Can he even survive dismissal? And on wh…
 
With anticipation as high as it is for Tom Holland's third stint as Spider-Man in Spider-Man: No Way Home, Sony (making the movie in partnership with Disney and Marvel) has had quite the time keeping details of the film under wraps.But on Sunday, August 22, 2021, a secretive marketing machine's worst fears were realized. An unfinished version of th…
 
It's our annual (semi-annual?), let's respond to some...interesting claims made on YouTube episode!In this installment - Is Roblox, one of the most popular gaming platforms in the world, exploiting your child? What you don't know...probably won't change your understanding of the underlying voluntary transactions at play here.That said, there's much…
 
Abandoned, Blue Box, and studio head Hasan Kahraman have provided the game industry with some of its more interesting storylines in 2021. But when Mr. Kahraman is finally interviewed by one of gaming's largest outlets in IGN, one can't help but wonder whether its journalists are seeking truth or merely carrying water.Perhaps it's this interview tha…
 
CDC published epidemiologist returns to the show to discuss the science of schools in the shifting sands of Delta. Since appearing on the show in November on Episode 49, Dr. Høeg has been very busy both researching and making public commentary about the issues surrounding Covid, kids and schools. Since her first Choralosophy appearance, she was a s…
 
CDC published epidemiologist returns to the show to discuss the science of schools in the shifting sands of Delta. Since appearing on the show in November on Episode 49, Dr. Høeg has been very busy both researching and making public commentary about the issues surrounding Covid, kids and schools. Since her first Choralosophy appearance, she was a s…
 
Among Us and Fortnite - two of the most popular multiplayer games in the world. But what happens when one decides to become an impostor of the other? Some think it's pretty...sus. The law, however, may well be more welcoming.We'd definitely cover an Innersloth's battle royale called "Two Weeks"...in Virtual Legality.CHECK OUT THE VIDEO AND LINKS AT…
 
The world of gaming in 2021 is much different than it has been throughout its history. Multiplayer and live service games dominate the landscape, and licensed material has found more of a home, not just in the soundtracks of play, but in their substance.So, it is no real surprise that Dead by Daylight, one of the more popular multiplayer games arou…
 
Apple has long sold its iPhone on the value of privacy, of having one's personal life kept separate from the all-seeing eyes of other technology companies and/or the state. Has that promise been illusory? To some extent, of course.But now, with the announcement that the California company would be using its own operating system to compare every iCl…
 
In the face of California's Department of Fair Employment and Housing (DFEH) lawsuit, Activision Blizzard faces new investor demands as it continues to "clean house".Activist investors are going to be active...in Virtual Legality.CHECK OUT THE VIDEO AT: https://youtu.be/rIGunkCZG7g#California #Activision #Lawsuit***CHANNEL SUPPORTPATREON - https://…
 
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