BLOG POST: Controller in the Courtroom: The Struggle of Collegiate ESports Under the Athletic Banner*
*This writing is a blog post. It is not a published IPTF Journal Article. Noah DeRossi-Goldberg I. Working Without a Basic Understanding A. The Misstep of Navarro Decisions about Collegiate Esports are made without judges ever taking the time to pick up a controller.[1] A recent opinion by a Florida District Court has created a roadblock for any college seeking to establish a competitive, fully funded Esports program within their athletics department.[2] The Florida Institute of Technology (“FIT”) disbanded its men’s rowing team to comply with Title IX’s mandate that men’s and women’s sports receive equal funding.[3] In determining...
Videogame Broadcasting: Exploring a Growing Industry’s Struggle with Copyright Claims
Zachary Greenberg In the videogame industry, tournament play is crucial for game publishers in creating a loyal fan base. Tournament play has spurred the development of third-party markets including streaming, commentary, and “modding”—creating complementary software for existing games. This essay will examine the intertwined industries of videogames and streaming tournaments, and their turbulent relationship with copyright law through a case study of Super Smash Bros. Melee. In addition to exploring Nintendo’s valid claims for protection under copyright law, this essay will analyze possible solutions to streaming copyright violations utilizing the fair use defense, including wider industry changes like implementing mechanical...
Deep Fakes Accountability Act: Overbroad and Ineffective
Zachary Schapiro Improvements in technology have made it easy to create deep fakes: realistic false digital records depicting a person performing actions that did not occur. Although there are legitimate uses for deep fakes, like parodies or finishing a movie where a principal performer has died, they can inflict harm upon the individual depicted or the general public if, for example, used to influence the outcome of an election. Considering these detrimental uses, Congress has proposed the Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2019 (DEEP FAKES Act) to impose civil...
An Analysis of the Video Game Regulation Harmonization Effort in the European Union and Its Trans-Atlantic Chilling Effect on Constitutionally Protected Expression
Kyle Robertson Video games have become a prominent pastime for both children and adults in the United States (U.S.) and across the European Union (EU). Today, individuals are spending more time and money on electronic entertainment than ever before. In addition to similar video game consumption habits, violent, pre-meditated murders by video game players have stunned both the United States and Germany. As a result, legislators in both countries have taken action in attempts to restrict minors’ access to violent video games. The results have widely differed between the two countries, with the United States electing to treat video games...