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Ubisoft sues Apple and Google over Rainbow Six: Siege clone – GameDaily.biz

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Attorney Richard Hoeg talks to GameDaily about the basis of the lawsuit, and how Ubisoft can prove copyright infringement in court.

Last week, Ubisoft filed a lawsuit against Apple and Google for selling a game that the France-based company says infringes on Rainbow Six: Siege. The game is called Area F2, and is developed by Ejoy.com, a subsidiary of Alibaba Group, a tech conglomerate based out of China. Ubisoft argues that the majority of the Area F2 experience is lifted from Siege, which necessitated the copyright suit.

“Virtually every aspect of AF2 is copied from R6S, from the operator selection screen to the final scoring screen, and everything in between,” a Ubisoft representative said in a statement. 

Looking at various comparison videos, such as this one by YouTube user NickySan, it’s impossible to deny the similarities of the two games. The rub is that, historically, while clone games have been the target of ire from developers and publishers, they haven’t met much in the way of legal repercussions. In fact, game clones are a legacy issue with games, dating all the way back to the earliest days of the medium.

According to attorney Richard Hoeg of Hoeg Law in Michigan, the easiest way to move the suit forward is for Ubisoft to prove that Ejoy directly stole some of its R6S assets. If there aren’t any stolen assets, then things get tricker.

“Clones aren’t illegal, per se,” Hoeg Explained. “Copyright cannot protect an idea itself (two teams of armed fighters battle in destructible urban/suburban environments), but only the expression of that idea. In general, most courts will employ some version of a ‘substantial similarity’ test, looking to see whether the allegedly infringing game is so similar in UI, style, or other elements (that can be protected) as to be virtually indistinguishable from the original work.”

Hoeg said that historically, the law has leaned in favor of clones, but that trend has been changing a bit over the last decade or so. As noted, the legal waters are choppy thanks to the “idea versus expression” argument, meaning that ideas cannot be copyrighted, but the expression of those ideas can. According to Ubisoft, Ejoy.com’s expression of the Rainbow Six: Siege idea is in violation of the law in this regard.

It’s worth noting that the targets of Ubsisoft’s suit are Apple and Google, and not Ejoy or Alibaba. The argument appears to be that by allowing Area F2 in the App Store and Google Play Store, the companies are complicit in the alleged infringement. Hoeg notes that financial motives could have also played a role in this decision.

“In short, it’s likely that Apple and Google have deeper pockets than Ejoy,” Hoeg explained. “It may also be easier for Ubisoft to assert jurisdiction and to find a friendly court to press their claim.”

Still, the entire suit is predicated on the fact that Ubisoft can prove that Ejoy violated a copyright, which may be harder than one might think.

“By suing the stores instead of the developer, Ubisoft will have to show that the stores were made aware of the infringement and still acted to help others (i.e. buyers) infringe on Ubisoft’s materials,” Hoeg continued. “Given that Ubisoft winning the underlying case is an open question, adding another layer of proof to their claim makes it even more difficult.”

According to Bloomberg’s report on the suit, Ubisoft did indeed send notice to Apple and Google regarding Area F2’s supposed infringement of Rainbow Six: Siege, but the companies ignored it.

“It sounds like Ubisoft issued a DMCA takedown or similar notice, as well as spoke through normal backchannels, and the two stores refused to takedown the materials,” Hoeg said. “That makes sense from the stores’ perspectives; they don’t want to be in the habit of having to remove often lucrative clones. And they don’t want to set the precedent that they will listen to any infringement claim on the subject.”

Looking forward, Hoeg said that the case has the potential to go in any direction, depending on the courts.

“Any evaluation of the underlying infringement will be based on a dissection of the two games, and could go either way depending on the standards the court in question elects to use,” he explained. “Best bet is they settle. Potentially, the stores ‘encourage’ [Ejoy] to change [AF2] just enough to not look exactly like Siege, they call it a marketing coup, and each side goes about its business.”

Copyright law is always tricky, especially when it comes to video games. The “idea versus expression” argument gives a lot of leeway to clones, which is why the App and Google Play stores have a reputation for being filled with them. The case of Area F2 does seem fairly egregious, though, and it should be interesting to track the progress of this case in the future.

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Sam, the Editor-in-Chief of GameDaily.biz, is a former freelance game reporter. He’s been seen at IGN, PCGamesN, PCGamer, Unwinnable, and many more. When not writing about games, he is most likely taking care of his two dogs or pretending to know a lot about artisan coffee. Get in touch with Sam by emailing him at sam.desatoff@gamedaily.biz or follow him on Twitter.

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Here is how to prepare your online accounts for when you die

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LONDON (AP) — Most people have accumulated a pile of data — selfies, emails, videos and more — on their social media and digital accounts over their lifetimes. What happens to it when we die?

It’s wise to draft a will spelling out who inherits your physical assets after you’re gone, but don’t forget to take care of your digital estate too. Friends and family might treasure files and posts you’ve left behind, but they could get lost in digital purgatory after you pass away unless you take some simple steps.

Here’s how you can prepare your digital life for your survivors:

Apple

The iPhone maker lets you nominate a “ legacy contact ” who can access your Apple account’s data after you die. The company says it’s a secure way to give trusted people access to photos, files and messages. To set it up you’ll need an Apple device with a fairly recent operating system — iPhones and iPads need iOS or iPadOS 15.2 and MacBooks needs macOS Monterey 12.1.

For iPhones, go to settings, tap Sign-in & Security and then Legacy Contact. You can name one or more people, and they don’t need an Apple ID or device.

You’ll have to share an access key with your contact. It can be a digital version sent electronically, or you can print a copy or save it as a screenshot or PDF.

Take note that there are some types of files you won’t be able to pass on — including digital rights-protected music, movies and passwords stored in Apple’s password manager. Legacy contacts can only access a deceased user’s account for three years before Apple deletes the account.

Google

Google takes a different approach with its Inactive Account Manager, which allows you to share your data with someone if it notices that you’ve stopped using your account.

When setting it up, you need to decide how long Google should wait — from three to 18 months — before considering your account inactive. Once that time is up, Google can notify up to 10 people.

You can write a message informing them you’ve stopped using the account, and, optionally, include a link to download your data. You can choose what types of data they can access — including emails, photos, calendar entries and YouTube videos.

There’s also an option to automatically delete your account after three months of inactivity, so your contacts will have to download any data before that deadline.

Facebook and Instagram

Some social media platforms can preserve accounts for people who have died so that friends and family can honor their memories.

When users of Facebook or Instagram die, parent company Meta says it can memorialize the account if it gets a “valid request” from a friend or family member. Requests can be submitted through an online form.

The social media company strongly recommends Facebook users add a legacy contact to look after their memorial accounts. Legacy contacts can do things like respond to new friend requests and update pinned posts, but they can’t read private messages or remove or alter previous posts. You can only choose one person, who also has to have a Facebook account.

You can also ask Facebook or Instagram to delete a deceased user’s account if you’re a close family member or an executor. You’ll need to send in documents like a death certificate.

TikTok

The video-sharing platform says that if a user has died, people can submit a request to memorialize the account through the settings menu. Go to the Report a Problem section, then Account and profile, then Manage account, where you can report a deceased user.

Once an account has been memorialized, it will be labeled “Remembering.” No one will be able to log into the account, which prevents anyone from editing the profile or using the account to post new content or send messages.

X

It’s not possible to nominate a legacy contact on Elon Musk’s social media site. But family members or an authorized person can submit a request to deactivate a deceased user’s account.

Passwords

Besides the major online services, you’ll probably have dozens if not hundreds of other digital accounts that your survivors might need to access. You could just write all your login credentials down in a notebook and put it somewhere safe. But making a physical copy presents its own vulnerabilities. What if you lose track of it? What if someone finds it?

Instead, consider a password manager that has an emergency access feature. Password managers are digital vaults that you can use to store all your credentials. Some, like Keeper,Bitwarden and NordPass, allow users to nominate one or more trusted contacts who can access their keys in case of an emergency such as a death.

But there are a few catches: Those contacts also need to use the same password manager and you might have to pay for the service.

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Is there a tech challenge you need help figuring out? Write to us at onetechtip@ap.org with your questions.

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Google’s partnership with AI startup Anthropic faces a UK competition investigation

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LONDON (AP) — Britain’s competition watchdog said Thursday it’s opening a formal investigation into Google’s partnership with artificial intelligence startup Anthropic.

The Competition and Markets Authority said it has “sufficient information” to launch an initial probe after it sought input earlier this year on whether the deal would stifle competition.

The CMA has until Dec. 19 to decide whether to approve the deal or escalate its investigation.

“Google is committed to building the most open and innovative AI ecosystem in the world,” the company said. “Anthropic is free to use multiple cloud providers and does, and we don’t demand exclusive tech rights.”

San Francisco-based Anthropic was founded in 2021 by siblings Dario and Daniela Amodei, who previously worked at ChatGPT maker OpenAI. The company has focused on increasing the safety and reliability of AI models. Google reportedly agreed last year to make a multibillion-dollar investment in Anthropic, which has a popular chatbot named Claude.

Anthropic said it’s cooperating with the regulator and will provide “the complete picture about Google’s investment and our commercial collaboration.”

“We are an independent company and none of our strategic partnerships or investor relationships diminish the independence of our corporate governance or our freedom to partner with others,” it said in a statement.

The U.K. regulator has been scrutinizing a raft of AI deals as investment money floods into the industry to capitalize on the artificial intelligence boom. Last month it cleared Anthropic’s $4 billion deal with Amazon and it has also signed off on Microsoft’s deals with two other AI startups, Inflection and Mistral.

The Canadian Press. All rights reserved.

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Kuwait bans ‘Call of Duty: Black Ops 6’ video game, likely over it featuring Saddam Hussein in 1990s

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DUBAI, United Arab Emirates (AP) — The tiny Mideast nation of Kuwait has banned the release of the video game “Call of Duty: Black Ops 6,” which features the late Iraqi dictator Saddam Hussein and is set in part in the 1990s Gulf War.

Kuwait has not publicly acknowledged banning the game, which is a tentpole product for the Microsoft-owned developer Activision and is set to be released on Friday worldwide. However, it comes as Kuwait still wrestles with the aftermath of the invasion and as video game makers more broadly deal with addressing historical and cultural issues in their work.

The video game, a first-person shooter, follows CIA operators fighting at times in the United States and also in the Middle East. Game-play trailers for the game show burning oilfields, a painful reminder for Kuwaitis who saw Iraqis set fire to the fields, causing vast ecological and economic damage. Iraqi troops damaged or set fire to over 700 wells.

There also are images of Saddam and Iraq’s old three-star flag in the footage released by developers ahead of the game’s launch. The game’s multiplayer section, a popular feature of the series, includes what appears to be a desert shootout in Kuwait called Scud after the Soviet missiles Saddam fired in the war. Another is called Babylon, after the ancient city in Iraq.

Activision acknowledged in a statement that the game “has not been approved for release in Kuwait,” but did not elaborate.

“All pre-orders in Kuwait will be cancelled and refunded to the original point of purchase,” the company said. “We remain hopeful that local authorities will reconsider, and allow players in Kuwait to enjoy this all-new experience in the Black Ops series.”

Kuwait’s Media Ministry did not respond to requests for comment from The Associated Press over the decision.

“Call of Duty,” which first began in 2003 as a first-person shooter set in World War II, has expanded into an empire worth billions of dollars now owned by Microsoft. But it also has been controversial as its gameplay entered the realm of geopolitics. China and Russia both banned chapters in the franchise. In 2009, an entry in the gaming franchise allowed players to take part in a militant attack at a Russian airport, killing civilians.

But there have been other games recently that won praise for their handling of the Mideast. Ubisoft’s “Assassin’s Creed: Mirage” published last year won praise for its portrayal of Baghdad during the Islamic Golden Age in the 9th century.

The Canadian Press. All rights reserved.

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