Video Games

News & Analysis as of

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

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

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

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

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

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

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

What Hotels Should Prepare for When Integrating Augmented Reality Games at Their Destinations

The future has arrived, and it has a strange sense of humor. Pokémon Go — an “augmented reality” game that requires players to travel to real world locations to capture imaginary monsters through apps on their mobile devices...more

Online Copyright Enforcement Gone Wrong – How To Get it Right

An elderly grandmother. A first-person shooter video game. The two typically have very little in common. Yet both were recently in the headlines of the national news. The story involved an email sent pursuant to Canada’s...more

Intellectual Property Bulletin - Fall 2016

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

Does (Real) Life Imitate (Video Game) Art?

The cause and effect relationship between art and culture has been a long-debated topic. Does art depict what actually exists in our culture, or does the art dictate what exists. It’s a classic chicken/egg debate. And...more

Ninth Circuit Finds “Gem-Shaped” USB Flash Drive Potentially Protectable Under the Copyright Act

The Sims is a popular series of video games in which players create virtual people called “Sims,” design these virtual peoples’ homes and neighborhoods, and help them navigate their in-game relationships, careers, and social...more

VR/AR in a Real World

In case you have been living under a rock, virtual reality (VR) and its first cousin, augmented reality (AR), have arrived. The highly publicized and long-awaited head-mounted displays (HMDs), the headsets through which the...more

Alert: FCC Considers Extending Waiver of Accessibility Requirements for Video Game Software

Under the Twenty-First Century Communications and Video Accessibility Act of 2010 ("CVAA"), video game consoles and controllers, software and related services must be accessible to and usable by individuals with disabilities....more

Video Game Patents Are In “Deathmatch” Mode

In 2014, the United States Supreme Court issued its decision in Alice Corp. v. CLS Bank, Inc. While the decision is long and convoluted, the Alice decision effectively narrowed the scope of patentable subject matter by...more

October 2016: Entertainment Litigation Update

Pokémon GO: What Legal Pitfalls Await Augmented Reality Games? On July 6, 2016, Pokémon GO launched in the United States to immediate popularity—more than 45 million people downloaded and played the game on their smartphones...more

Virtual Reality: The Expected Future Ubiquity Of Consumer Virtual Reality Equipment And Consequent Legal And Regulatory Challenges

In this paper we consider how a new generation of virtual reality headsets promises to fundamentally change consumer experiences of virtual environments, and we raise some of the major legal and regulatory challenges that...more

Emerging Trends Newsletter - Q3

We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are...more

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