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Feminism, the First Amendment, and #Gamergate

Feminism, the First Amendment, and #Gamergate »

This past August, the Internet erupted when Anita Sarkeesian, a media critic, was threatened with mutilation, rape, and other physical harm in response to her video web series criticizing the sexist implications of the way in which women are portrayed in video games. See Julie Bort, After Exposing Sexism in the Video Game Industry, This Woman Received Rape Threats on Twitter, Businessinsider.com, Aug. 27, 2014. Similarly, in 2013 Carolyn Petit, a video game reviewer for GameSpot, came under attack after giving Grand Theft Auto V a "superb" score of 9/10. Despite the high score, Petit wrote, “GTA V has little room for women except to portray them as strippers, prostitutes, long-suffering wives, humorless girlfriends and goofy, new-age feminists we’re meant to laugh at.” Carolyn Petit, Grand Theft Auto V Review, Gamespot.com, Sept. 17, 2013. Gamers circulated a petition asking for her to be fired for her criticism. Sadly, it is not uncommon for critics to be attacked in real life in response to criticizing women’s portrayals in video games and suggesting those portrayals may have a negative effect on male game players. - Read more...

New Jersey Takes a Gamble on Sports Betting

New Jersey Takes a Gamble on Sports Betting »

Sports betting in the United States has become a divisive subject in recent years, partially due to the incredible revenue potential it carries. Online sports betting in the U.S. nearly tripled from 2001 to 2005, resulting in revenues upwards of $4.2 billion. The federal government has effectively outlawed sports gambling through the creation of the Professional and Amateur Sports Protection Act of 1992 (PASPA), with the only exception being for states that already had legalized gambling when PASPA was enacted (Delaware, Nevada, Montana, and Oregon). Certain states not within the exception are eager to take advantage of this cash cow to help balance their budgets. - Read more...

After O’Bannon: Potential Effects on College Recruitment

After O’Bannon: Potential Effects on College Recruitment »

All of us sports lovers have seen the movies with college recruitment themes in the storyline. These movies highlight the drama, excitement, and limits imposed by the National Collegiate Athletic Association (NCAA) surrounding the recruitment of players to colleges and universities. (For a list of recruitment-themed movies, visit Jon Talty, The 10 Best sports movies with recruiting story lines, AL.com, July 31, 2014.) Some of the most memorable movies are Necessary Roughness (1991) and Blue Chips (1994). In Blue Chips, despite the coach’s distaste for illegal recruitment, he contacts a “friend of the program” who buys one player a Lexus, another receives $30,000.00 in a gym bag, and yet another player’s mother gets a new home and a job. Similarly, in Necessary Roughness the smaller school gets stuck with the bottom-of-the-barrel players and the larger school receives nice uniforms, a plush bus, and personal tutors. Recently, this excitement and drama came to the United States District Court for the Northern District of California with the decision on Edward O’Bannon, et al., v. National Collegiate Athletic Association; Electronic Arts Inc.; and Collegiate Licensing Company. - Read more...

User Beware: the Legality of YouTube-to-MP3 Converters

User Beware: the Legality of YouTube-to-MP3 Converters »

With the proliferation of music on massively popular file-sharing websites such as YouTube and Soundcloud, musical artists face legitimate concerns in terms of protecting their copyrighted works. It is no secret that copyright holders in the music industry have aggressively engaged in an extended online anti-piracy campaign. While this campaign originally targeted file-sharing software distributors, most famously, Napster, it has continued to evolve with the technologies available. Now, more than ever, individuals may be at increased risk of litigation for infringing activity, and they might not even be aware their activity is illegal. - Read more...

The Lanham Act and Why Studios Are Right in Being Cautious »

In her article, Recommendations for Studios: Increasing Good will and Revenue via Fan Conventions, Tiffany Lee argues that American movie studios should

When Tweets Get Real- Applying Traditional Contract Law Theories to the World of Social Media »

Back in November 2010, rapper Ryan Leslie announced that his personal laptop had been stolen out of his Mercedes. Leslie “tweeted” what appeared to be an offer of a million dollar reward for the safe return of the MacBook. - Read more...

Speaking in Tweets and Other Social Media- Should Some Written Communication Be Considered Oral Communication? »

The increasingly prevalent use of social media raises new questions related to contract formation. In her article Kristen Chiger gives examples of many classic contract cases and principles that the courts may use as precedent to help establish when a contract should be binding if negotiated or offered through social media. - Read more...

Recommendations for Studios- Increasing Good Will and Revenue via Fan Conventions »

While the TV and film industry have been experiencing less revenue from DVD and box office sales since illegal file sharing came into prominence, one way to recoup these losses is to focus on merchandising, especially in one often overlooked venue: fan conventions. Conventions are not just isolated events that occur sporadically throughout the year. - Read more...

Potential Civil Liability of “Gatorade Baths” »

It is a strange sports tradition: if a team is victorious in a particularly important game, the winning players will inevitably dump a cooler filled with Gatorade (or water) over the head of their coach. - Read more...

Call to the Bullpen- How the 2012 MLB Draft Shows Why the NCAA Must Make »

Major League Baseball (“MLB”) revised its amateur draft rules in 2012, which had a significant effect on how much of a signing bonus MLB teams could offer their draftees. - Read more...