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      Sony’s Ancient Lawsuit vs. Cheat Device Heads in Right Direction – Sony’s Defeat

      news.movim.eu / TorrentFreak · Friday, 5 July - 18:05 · 4 minutes

    psp When today’s home video gaming market took its first tentative baby steps thanks to more affordable hardware in the early 1980s, the details of Sony’s lawsuit against Datel would’ve been dismissed as outrageous.

    This was a time of experimentation; one that thrived on the energy of pushing unimaginably incapable hardware by today’s standards, to perform in unexpected ways that often exceeded manufacturers’ expectations. In some cases, that included being able to run half-decent games, or even games at all.

    Sony Wins Early But Cooler Heads Prevail

    Software quite rightly receives protection under copyright law but in Datel, Sony wants a ruling that outlaws the modification of variables generated by software that only ever exist in RAM and form no part of the underlying copyrighted source code. Datel’s software simply ran alongside games like Motorstorm Arctic Edge, tweaking values in memory to modify how the game played.

    In January 2012, the Hamburg Regional Court found largely in favor of Sony. The Court found that Datel’s software (Action Replay PSP and Tilt FX) intervened in the ‘program flow’ of Sony’s games and, by changing the flow, the original code was modified to create a derivative of Sony’s copyrighted game code.

    The decision was overturned on appeal in 2021 and the case was dismissed. Sony appealed to the Federal Court of Justice which referred key questions to the Court of Justice of the European Union for a preliminary ruling.

    If Sony has its way and the protection software enjoys under the 2009 Computer Programs Directive is extended to transient variables in RAM, those who modify those variables – the users of tweaking software – would become direct infringers under copyright law. Creators of the software, in this case Datel, could be held secondarily liable.

    Advocate General’s Opinion Nudges Case in the Right Direction

    Advocate General Szpunar’s published opinion is not binding and the CJEU could ultimately decide on its own path.

    The challenge, should one exist, would be to dismiss AG Szpunar’s conclusions as anything other than legally sound, impeccably researched, and flawlessy logical.

    “[T]he value of the variables is not an element of a computer program’s code. They are merely data, external to the code, which the computer produces and reuses when running the program,” he writes.

    “Those data do not exist at the moment that the program is created by its author or when it is loaded into the computer’s memory, since they are generated only while the program is running. They are therefore not such as to enable the program – or even a part of it – to be reproduced.”

    Variables Are Not Creative Works

    According to case law, the protection conferred by Directive 2009/24 is limited to source code and object code, both of which satisfy the criterion of originality set out in Article 1(3). Variables in RAM, on the other hand, do not satisfy the criterion of originality.

    The variables are not the author’s own intellectual creation, AG Szpunar points out. On the contrary, the variables are the result of progress made in the game, and a direct result of the player’s behavior.

    “It is indeed true that the author designed the categories of the variables that are recorded as well the rules whereby their value is determined in the course of the game. However, that value itself escapes the author’s creative control, since it is necessarily dependent on factors which cannot be foreseen in advance, such as the player’s behavior. That value therefore cannot enjoy copyright protection.”

    Noting that the variables are “transitory, temporary and provisional,” and “often reset to zero” when a program is next run, the variables fail to meet the threshold for copyright protection since they cannot be identified with “sufficient precision and objectivity.”

    More Restrictions, More Money

    AG Szpunar’s opinion is lengthy, technical, and at times quite challenging to absorb. The blame for that sits squarely with Sony, whose mental gymnastics appear laser-focused on what it needs to win the case, and oblivious to almost everything else.

    It’s perhaps telling that various intellectual property law firms commenting on the opinion are noting the AG’s advice, while also advancing theories that generated variables in RAM could reasonably be considered part of the overall creative package.

    When work for companies like Sony pays the bills, advocating for greater restrictions on existing freedoms doesn’t lead to less business, let’s put it that way. That the opposite is being argued in legal matters relating to output from generative AI, is certainly interesting, if nothing else.

    AG Szpunar’s Conclusion

    Ultimately, AG Szpunar draws the following conclusion:

    Article 1(1) to (3) of Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs must be interpreted as meaning that the protection conferred by that directive pursuant to that provision does not extend to the content of the variables which the protected computer program has transferred to the RAM of the computer and uses in running it, in the situation in which another program operating at the same time as the protected computer program changes that content, without however the object code or the source code of the latter program being changed.

    Full opinion available here

    From: TF , for the latest news on copyright battles, piracy and more.

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      Sony WH-CH720N : des performances haut de gamme à prix bas pour ce casque sans fil

      news.movim.eu / Numerama · Thursday, 28 March - 17:31

    casque Sony WH-CH720N // Source: Amazon

    [Deal du Jour] Sony n’en finit pas de baisser le prix de son casque WH-CH720N. Déjà à 119 € en juin 2023, il passe aujourd’hui sous les 100 €. Ce casque Bluetooth au rapport qualité-prix imbattable offre des performances haut de gamme pour un prix bien moins important.

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      Big brands keep dropping X over antisemitism; $75M loss, report estimates

      news.movim.eu / ArsTechnica · Monday, 27 November, 2023 - 19:22

    Big brands keep dropping X over antisemitism; $75M loss, report estimates

    Enlarge (credit: Pool / Pool | Getty Images Europe )

    The latest advertiser fallout on X , the platform formerly known as Twitter, could end up costing Elon Musk's company much more than the $11 million in revenue that the company previously estimated could be "at risk" due to backlash over antisemitic content on X.

    According to internal X sales team documents reviewed by The New York Times , X may lose "up to $75 million" as more than 100 major brands—including Airbnb, Amazon, Coca-Cola, Google, Microsoft, Netflix, and Uber—have stopped advertising, while "dozens" more are considering pausing ads on the platform.

    These sales team documents, The Times reported, "are meant to track the impact of all the advertising lapses" in November. On top of noting which brands have stopped advertising, the documents also flag brands at risk of halting ads. Ultimately, the sales team's goal is listing "how much ad revenue X employees fear the company could lose through the end of the year if advertisers do not return," The Times reported.

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      Internet Archive’s legal woes mount as record labels sue for $400M

      news.movim.eu / ArsTechnica · Tuesday, 15 August, 2023 - 18:21

    Internet Archive’s legal woes mount as record labels sue for $400M

    Enlarge (credit: Kinga Krzeminska | Moment )

    Major record labels are suing the Internet Archive, accusing the nonprofit of "massive" and "blatant" copyright infringement "of works by some of the greatest artists of the Twentieth Century."

    The lawsuit was filed Friday in a US district court in New York by UMG Recordings, Capitol Records, Concord Bicycle Assets, CMGI, Sony Music Entertainment, and Arista Music. It targets the Internet Archive's "Great 78 Project," which was launched in 2006.

    For the Great 78 Project, the Internet Archive partners with recording engineer George Blood— who is also a defendant in the lawsuit—to digitize sound recordings on 78 revolutions-per-minute (RPM) records. These early sound recordings are typically of poor quality and were made between 1898 and the late 1950s by using very brittle materials. The goal of the Great 78 Project was to preserve these early recordings so they would not be lost as records break and could continue to be studied as originally recorded.

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      Sony confirms “PlayStation Q,” a handheld device for streaming PS5 games

      news.movim.eu / ArsTechnica · Wednesday, 24 May, 2023 - 22:44

    Amid a plethora of game trailers, Sony dedicated a single minute of its more-than-an-hour-long PlayStation Showcase livestream on Wednesday to reveal two new hardware products.

    The most buzzworthy of these is surely Project Q—that's the internal name, as the final name is still pending. Whatever it is called in the future, Project Q confirms a long-standing rumor: It's a new PlayStation handheld.

    The device will be focused on streaming; Sony says it will allow users to stream any non-VR game from a local PlayStation 5 console using Remote Play over Wi-Fi. In fact, it won't be able to play games on its own; it's all about the streaming functionality.

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      Alan Wake II coming in mid-October, promising another cryptic PC powerhouse

      news.movim.eu / ArsTechnica · Wednesday, 24 May, 2023 - 22:37

    Alan Wake trailer image

    Enlarge / There's really not much more context for what's going to happen in Alan Wake 2 than what you can see in this image. Well, maybe a typewriter.

    Alan Wake 2 has a release date, an evocative trailer, and the requisite amount of meta-contextual horror to come.

    The latest title from Control maker Remedy Entertainment, a sequel to the acclaimed Alan Wake will arrive on October 17, 2023, on PC (exclusive to the Epic Games Store), PlayStation 5, and Xbox Series X/S. Given the studio's track record, we expect to see some impressive ray tracing, storylines that make you question what a story really is, and novel gameplay conceits.

    In typical Remedy style, you don't get much direct information, but instead, some teasing hints. After some flashes of cultish horror, we meet Saga Anderson, an FBI agent that Remedy states ( in a PlayStation blog post) will be a second playable character.

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      Sony’s $1,400 phone has a “functional tactile design,” hits the US in July

      news.movim.eu / ArsTechnica · Thursday, 11 May, 2023 - 18:38 · 1 minute

    Sony is still pumping out smartphones, and the latest flagship is the Sony Xperia 1 V . Believe it or not, this has a US price, and you can order it online!

    You can never call Sony generic. This is the only company in the world that ships a "4K" (3840×1644) smartphone, giving the 6.5-inch, 120 Hz OLED a ridiculous 643 PPI. We've seen some of these in person—Sony's densest smartphone displays hit 801 PPI once upon a time —and these ultra-dense displays always seemed far past what anyone can see at a reasonable distance. The other uniquely Sony design traits are symmetrical top and bottom bezels and a camera shutter button. There's also a side power button fingerprint reader. I'm starting to think Sony's fancy 4K displays don't support any of the normal under-screen components like a hole punch camera or in-screen fingerprint reader, and that's how this entire design happened.

    There are a bunch of lovely textures happening all over this phone. The back is still glass, but it has a small diamond dimple effect sort of like a diamond plate, and that's in the glass, not under it. Apparently, you can feel it, as Sony calls it a "functional tactile design." The band that wraps around the phone's perimeter is ribbed, and there is diamond knurling on the camera shutter button. There's also a slick-looking matte finish to the glass.

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      The Last of Us’ first PC port is riddled with apparent performance issues

      news.movim.eu / ArsTechnica · Wednesday, 29 March, 2023 - 15:16

    PC Shaders go brrrrr
    by u/chrysillium in thelastofus

    Naughty Dog says it is "actively investigating multiple issues" as complaints about graphical and performance issues continue to flood in following the PC release of The Last of Us: Part 1 on Tuesday.

    The thousands of reviews on Steam —67 percent of which are negative, as of this writing—tell the tale of players facing massive problems simply playing the game they purchased. There is an overwhelming number of complaints about everything from frequent crashes and extreme loading times to "severe stuttering" during basic gameplay. Even with some positive reviews on the site supportive of the game's underlying console versions, others complain that the PC edition is currently "stuttering, crashing, and unplayable."

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      Microsoft signs another Call of Duty deal in bid to impress regulators

      news.movim.eu / ArsTechnica · Tuesday, 14 March, 2023 - 20:13

    Artist's conception of Microsoft marching on regulators with fresh evidence of its cross-platform intentions for Call of Duty.

    Enlarge / Artist's conception of Microsoft marching on regulators with fresh evidence of its cross-platform intentions for Call of Duty. (credit: Activision)

    Microsoft announced Tuesday that it has signed a 10-year deal to bring its Xbox PC games to little-known Ukraine-based streaming platform Boosteroid . The move is being positioned in part to "mak[e] even more clear to regulators that our acquisition of Activision Blizzard will make Call of Duty available on far more devices than before," as Microsoft Vice Chair and President Brad Smith said in a statement .

    Started in 2017, Boosteroid boasts 4 million streaming customers using servers based in nine European countries and six US states. Those customers pay 7.50 euro per month to stream games from those servers to any smartphone, Windows/Mac/Linux-based PC, or Android TV device.

    Boosteroid currently links to users' accounts on other PC-based platforms—including Steam, the Epic Games Store, Blizzard's Battle.net, EA's Origin, the Rockstar Game Launcher, and Wargaming—and lets them play games from those services without having to install them on a local gaming PC. With this new deal, that access will expand to include games available through Microsoft's Xbox app on the PC.

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