Nerf This: Copyright Highly Creative Video Game Streams as Sports Broadcasts

Since the 1980s, video games have grown exponentially as an entertainment medium. Once relegated to the niche subcultures of nerds, video games are now decidedly mainstream, drawing over 200 million American consumers yearly. As a result, the industry has stepped up its game. No longer simply a diversion to be enjoyed individually, Americans are increasingly watching others play video games like they might watch television. This practice, where enthusiastic gamers broadcast their video game session online to crowds of viewers, is called “live streaming.” While streaming has become lucrative and popular, American copyright law currently nerfs this nascent industry. Streams are considered unauthorized derivative works, mere adaptations of whichever video game the streamer plays. Therefore, little copyright protection is typically extended to video game streams. As a result, game developers can wield take-down notices with impunity, erasing a streamer’s online content and, with it, their income. However, a potential remedy lies in finding streamers the independent authors of their original online videos, affording them full copyright protection. No court has directly addressed the novel, twenty-first-century issue of copyrighting video game streams, meaning the possibility hangs in a grey area of insufficient legal precedent. For example, the last time the courts considered authorship in video game performance, the games in question were simple, two-dimensional arcade games. Today, many modern, competitive video games have little in common with those simplistic games, featuring infinite play combinations or algorithm-generated worlds that are virtually limitless. As such, the legal analysis of authorship and originality in those 1980s cases would be entirely inapplicable to today’s video game technology. Additionally, while the courts have held video game player performances to be uncopyrightable (based upon those 1980s arcade games), the courts have not looked at video game streams from a modern, twenty-first-century perspective: as broadcasts. Broadcasts are copyrightable audiovisual works that contain player performances, made protectable by originality in the camera work. Initially only discussed in the context of traditional sports broadcasts, there are compelling arguments that video game streams resemble sports broadcasts more than arcade performances in the eyes of copyright law. Viewed from such a lens, streamers could be considered as making their own sports broadcast, dictating what their viewers see—effectively becoming the cameramen for their own “sports” player performances. This Note proposes that video game streams are copyrightable audiovisual works and, as full-fledged original works of authorship, should be afforded protection under the Copyright Act of 1976. Part I of this Note will review the current state of the streaming industry and esports, as well as the case law most applicable to video game copyright disputes. Part II will argue in favor of the copyrightability of streams as audiovisual works, or, more specifically, as original broadcasts containing copyrightable player performances. Finally, Part III will address potential counterarguments such as that Midway Manufacturing Co. v. Artic International, Inc. bars stream copyright, or that streams are classified as merely derivative works or public performances of preexisting video games

Knowing without knowing : implicit cognition and the minds of infants and animals

The main aim of this paper is to highlight the need to address the conceptual problem of “implicit knowledge” or “implicit cognition” —a notion especially important in the study of the nonverbal minds of animals and infants. We review some uses of the term ‘implicit’ in psychology and allied disciplines,and conclude that conceptual clarification of this notion is not only lacking, but largely avoided and reduced to a methodological problem. We propose that this elusive notion is central in the study not only of animal and infant minds, but also the human adult mind. Some promising approaches in developmental and evolutionary psychology towards innovative conceptualisation of implicit knowledge remain conceptually underdeveloped and in need of reconsideration and re-elaboration. We conclude by suggesting that the challenge of implicit cognition and nonverbal minds will only be solved through a concerted interdisciplinary approach between psychology and other disciplines.Publisher PDFPeer reviewe

Transcriptionally active chromatin loops contain both ‘active’ and ‘inactive’ histone modifications that exhibit exclusivity at the level of nucleosome clusters

Chromatin state is thought to impart regulatory function to the underlying DNA sequence. This can be established through histone modifications and chromatin organisation, but exactly how these factors relate to one another to regulate gene expression is unclear. In this study, we have used super-resolution microscopy to image the Y loops of Drosophila melanogaster primary spermatocytes, which are enormous transcriptionally active chromatin fibres, each representing single transcription units that are individually resolvable in the nuclear interior. We previously found that the Y loops consist of regular clusters of nucleosomes, with an estimated median of 54 nucleosomes per cluster with wide variation. In this study, we report that the histone modifications H3K4me3, H3K27me3, and H3K36me3 are also clustered along the Y loops, with H3K4me3 more associated with diffuse chromatin compared to H3K27me3. These histone modifications form domains that can be stretches of Y loop chromatin micrometres long, or can be in short alternating domains. The different histone modifications are associated with different sizes of chromatin clusters and unique morphologies. Strikingly, a single chromatin cluster almost always only contains only one type of the histone modifications that were labelled, suggesting exclusivity, and therefore regulation at the level of individual chromatin clusters. The active mark H3K36me3 is more associated with actively elongating RNA polymerase II than H3K27me3, with polymerase often appearing on what are assumed to be looping regions on the periphery of chromatin clusters. These results provide a foundation for understanding the relationship between chromatin state, chromatin organisation, and transcription regulation – with potential implications for pause-release dynamics, splicing complex organisation and chromatin dynamics during polymerase progression along a gene

Capuchin monkeys individuate objects based on spatio-temporal and property/kind information : evidence from looking and reaching measures

This paper is an output of the project ‘Rethinking Mind and Meaning: A case study from a co-disciplinary approach’ (Award Nr.: AH/ L015234/1), funded by the Arts and Humanities Research Council (AHRC), as part of the Science in Culture Theme (http://www.sciculture.ac.uk).A core component of any folk physical understanding of the world is object individuation - the cognitive ability to parse sensory input into discrete objects. Whereas younger human infants use spatio-temporal information to individuate objects, they do not use property and kind information until one year of age. Some researchers propose that object individuation based on property/kind information depends on language acquisition and sortal concepts. However, there is evidence that preverbal infants and nonhuman animals also use both types of information. The present study aimed to further explore the evolutionary origins of object individuation by testing a new-world monkey species, capuchin monkeys (Sapajus spp.), using both manual search (n = 29) and looking time (n = 23) measures. In Spatio-temporal trials, subjects saw one or two objects dropped into a box, but always found (or saw) only one. In Property/kind trials, subjects saw either object A or B being dropped into a box and then always found (or saw) object A. The capuchin monkeys looked longer and searched more on inconsistent trials – with outcome differing in quantity or in kind - which suggested that they had expectations based on both spatio-temporal and property-kind representations. Looking time and search measures gave convergent results at the group but not at the individual level. Our results add to the existing evidence contradicting the linguistic hypothesis of property/kind individuation. However, contrary to recent discussions, we argue that these and related results can be explained without appealing to the notion of sortal concepts or multiple representational systems, and suggest that a full picture of the ontogeny and phylogeny of object individuation requires further empirical and theoretical research.Publisher PDFPeer reviewe

From Personal Genomics to Twitter: Visualizing the Uncertainty of Evidence

Personal genomics offers a complex form of uncertainty in which a person’s data are largely stable, but the interpretation and implications continue to evolve with the emergence of new research. Another domain, in which there is uncertainty about the supporting evidence and truthfulness of a claim, is social networks. We propose that a similar method can be used to communicate uncertainty in these contexts, and present a tool for visualizing social network claims that builds upon research in both contexts

Targeted and Genome-Scale Methylomics Reveals Gene Body Signatures in Human Cell Lines

Cytosine methylation, an epigenetic modification of DNA, is a target of growing interest for developing high throughput profiling technologies. Here we introduce two new, complementary techniques for cytosine methylation profiling utilizing next generation sequencing technology: bisulfite padlock probes (BSPPs) and methyl sensitive cut counting (MSCC). In the first method, we designed a set of ~10,000 BSPPs distributed over the ENCODE pilot project regions to take advantage of existing expression and chromatin immunoprecipitation data. We observed a pattern of low promoter methylation coupled with high gene body methylation in highly expressed genes. Using the second method, MSCC, we gathered genome-scale data for 1.4 million HpaII sites and confirmed that gene body methylation in highly expressed genes is a consistent phenomenon over the entire genome. Our observations highlight the usefulness of techniques which are not inherently or intentionally biased in favor of only profiling particular subsets like CpG islands or promoter regions

Harvard Personal Genome Project: lessons from participatory public research

Background: Since its initiation in 2005, the Harvard Personal Genome Project has enrolled thousands of volunteers interested in publicly sharing their genome, health and trait data. Because these data are highly identifiable, we use an ‘open consent’ framework that purposefully excludes promises about privacy and requires participants to demonstrate comprehension prior to enrollment. Discussion Our model of non-anonymous, public genomes has led us to a highly participatory model of researcher-participant communication and interaction. The participants, who are highly committed volunteers, self-pursue and donate research-relevant datasets, and are actively engaged in conversations with both our staff and other Personal Genome Project participants. We have quantitatively assessed these communications and donations, and report our experiences with returning research-grade whole genome data to participants. We also observe some of the community growth and discussion that has occurred related to our project. Summary We find that public non-anonymous data is valuable and leads to a participatory research model, which we encourage others to consider. The implementation of this model is greatly facilitated by web-based tools and methods and participant education. Project results are long-term proactive participant involvement and the growth of a community that benefits both researchers and participants