News & Analysis as of

Video Games

MLB to Oppose (maybe) Blizzard’s Overwatch League Logo

If you’re a video game fan like me, you’re probably familiar with Blizzard Entertainment and their assortment of popular games, such as Starcraft, Diablo, and World of Warcraft. One of Blizzard’s newest games is Overwatch, a...more

Augmented and virtual reality - emerging legal implications of "The Final Platform"

by Reed Smith on

In August 2015, Time Magazine declared that Virtual Realty (“VR”) was about to change the world. A year earlier, Facebook bought Oculus VR for $2.3 billion signalling the impact of what Oculus founder Palmer Luckey referred...more

European Commission Issues Findings on Geo-Blocking and the Digital Single Market

On 10 May 2017, two years after launching its e-commerce sector inquiry on 6 May 2015, the European Commission published its final report (Final Report) on the inquiry. The inquiry was opened in the framework of the...more

Fair use blocks out copyright claim over LeBron’s tattoo

by Thompson Coburn LLP on

Courtside questions: Is it fair or foul to show a player’s tattoo in a video game? LeBron James is a talented individual: three-time NBA Champion; 13-time NBA All-Star. And he gave a more than respectable performance playing...more

European Commission Prioritizes Completion of Digital Single Market

by Jones Day on

Since May 2015, the European Commission ("Commission") has identified the completion of the Digital Single Market as one of its top-ten political priorities. The Digital Single Market Strategy ("Strategy") aims at ensuring...more

Intellectual Property Bulletin - Spring 2017

by Fenwick & West LLP on

It’s Dangerous to Go Alone! Take This. Intellectual Property Tips for the Esports Industry - With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA’s partnership with Take-Two to...more

AR Game Maker Launches First Amendment Challenge

Candy Lab AR, makers of the augmented reality poker game Texas Rope ‘Em, sued Milwaukee County, Wisconsin, over an ordinance alleged to be violating the First Amendment. The ordinance states: “Permits shall be required before...more

At Stake

by Fox Rothschild LLP on

The Illinois Gaming Board (IGB) held its March monthly meeting on Friday, April 21, 2017, in Springfield. Riverboat -...more

Blizzard v. Bossland: Game Over for Video Game Botting?

I’m a rules follower. Going back to the days of the Game Genie—a device that allowed gamers to play Super Mario Bros. with infinite lives or the Legend of Zelda with infinite bombs—I have always preferred the satisfaction of...more

GameStop Investigating Data Breach of Credit Card Information

Brian Krebs broke the story that GameStop was investigating a possible data breach affecting customers’ credit card information. This week, GameStop confirmed that it is investigating the possible compromise of credit card...more

Gaming and Hospitality Legal News: Volume 10, Number 1, April 2017: Nevada Leads The Way On Esports Wagering

by Dickinson Wright on

Perhaps the hottest topic in gaming today is the growth of professional esports. Esports are – essentially – professional video game tournaments and contests. Audiences for such tournaments have been filling stadiums in Asia...more

Manatt Digital - March 2017

Mobile Games' Booming Market: Opportunity for Hollywood and IP Owners - The mobile games market is growing at a record-breaking pace. The market reached a new high in 2016, generating more than $40.6 billion in worldwide...more

Intellectual property rights in a virtual world

by Dentons on

This article will explore the key legal issues relating to intellectual property (IP) rights, traditionally only used in the real world, and their role in the virtual or augmented world. The basic legal position on including...more

Federal Court knocks TPM circumvention with significant damages award

by DLA Piper on

In a major victory for Nintendo, the Federal Court of Canada awarded $12.7 million in damages for circumventing technological protection measures (TPMs) and copyright infringement. This decision (America of America Inc. v...more

Virtual legality: Virtual Reality and Augmented Reality - legal issues

by Dentons on

With Newsweek predicting that 2017 will be shaped by Virtual Reality (VR) and Augmented Reality (AR)1 Dentons, as part of its on-going TechTalk series, thought it was timely to examine the legal issues associated with this...more

Don’t Game Your Players with False Advertising

Advertising for new games can present some troublesome legal issues, if due care is not taken. A recently concluded matter in the UK highlights an example of the potential issues. Hello Games was investigated by the...more

No Love For Proposed Consumer Class Settlements

by Carlton Fields on

Two consumer class actions recently hit a roadblock when courts denied final approval for class settlements. In In re Target Consumer Data Security Breach, the U.S. District Court for the District of Minnesota preliminarily...more

Facial Recognition Gaming Software Tests Biometric Privacy Law

Does every product that takes a full face scan and saves it in accessible files violate the Illinois Biometric Information Privacy Act? Apparently not....more

Facial Scan Case Dismissed Under Illinois Biometrics Law

The developers of two NBA video games were successful this week in getting a putative class action alleging violations of the Illinois Biometrics law dismissed....more

EC Launches Targeted Competition Enforcement in E-Commerce Sector

If we needed any reminder that the competitiveness of e-commerce was high on the European Commission’s enforcement agenda, we now have unequivocal proof of this. The Commission today launched three separate investigations...more

Biometric Privacy Claims over Facial Recognition Feature in Videogame Dismissed for Lack of Concrete Harm

For the second time in the past six months, a district court has dismissed a lawsuit alleging procedural and technical violations of the Illinois biometric privacy statute for lack of Article III standing. In Vigil v....more

Let the Games Begin

Many of you interested in the video game and media industry have undoubtedly heard that Oculus recently lost a jury trial to Zenimax which resulted in a $500 million jury verdict. However, what many (or at least some) of you...more

Sue-per Bowl Shuffle III: The Year In NFL-Related Intellectual Property Litigation

Two years ago, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits that sports fans assume IP...more

Client Alert: Action Needed by Organizations whose Websites allow User Postings

by Hodgson Russ LLP on

Businesses and nonprofits that operate a website or other online presence (mobile app, blog, portal, game, etc.) where users may post content (for example, in a user forum) will need to take action in 2017 in order to obtain...more

Failure to Introduce Source Code of Original Work Fatal to Claim Against Alleged Derivative Work

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed an order dismissing a breach of contract action, finding that the plaintiff failed as a matter of law to establish copyright infringement under the copyright law—upon...more

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