By Andrew Segna, JD ‘12 Edited by Lee Welling Editorial Policy Video games have evolved from a niche hobby to an important mainstream form of entertainment and artistic expression in the United States. A May 2009 Ars Technica article stated that Americans are more likely to spend time playing video games then going to see a movie. Video games can now be considered a peer of music, movies, and television. As in these other industries, there has been a recent ... Read More...

By Tyler Lacey Gamer Appeals Ban from Sony’s Playstation 3 Network On September 22, 2009, the United States District Court for the Northern District of California dismissed Erik Estavillo’s lawsuit against Sony. Fox40.com reports that Estavillo was banned from Sony’s Playstation 3 Network after allegedly uttering “racial and homophobic slurs to other online gamers.” Estavillo alleged that his freedom of expression was abridged, and likened Sony’s network to a company town. The district court dismissed Estavillo’s First Amendment claims, stating: ... Read More...

Federal District Court Rules Ringtones Not Public Performance By Debbie Rosenbaum – Edited by Eric Engle In re: In the Matter of the Application of Cellco Partnership d/b/a Verizon Wireless, Case Nos. 09-cv-07074 & 41 Civ. 1395 (S.D.N.Y. Oct. 14, 2009) Opinion (Hosted by EFF) The Southern District of New York has ruled that cell phone ringtones do not constitute a public performance, and thus mobile phone carriers do not need to pay performance royalties under the Section 110(4) of ... Read More...

Third Circuit Upholds Online Gambling Ban By Caitlyn Ross – Edited by Amanda Rice Interactive Media Entertainment and Gaming Association Inc. v. Attorney General of the United States, No. 08-1981 (3d Cir. Sept. 1, 2009) Opinion (Hosted by wired.com) On September 1, 2009, the U.S. Court of Appeals for the Third Circuit affirmed the United States District Court for the District of New Jersey decision, which upheld the Unlawful Internet Gambling Enforcement Act of 2006. Wired.com provides an overview of ... Read More...

By Ian B. Brooks Paris Hilton Obtains Small Victory in Ninth Circuit WSJ Blogs reports that the Ninth Circuit gave Paris Hilton the green light on August 31 to proceed in her lawsuit against Hallmark for its use of her image and the phrase “That’s Hot” in a birthday greeting card. The court made note of the similarities between the card and Hilton’s appearance on the television show “The Simple Life.” In support of Hilton, the court stated that she ... Read More...