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Patent Strategies for Cryptocurrencies and Blockchain Technology

Cryptocurrencies and blockchain technology are rapidly emerging as disruptive technologies. As has happened with many new technologies, particularly disruptive ones, a patent arms race is occurring. The number of patents...more

Apple Requires Disclosure of Odds for Loot Boxes

Apple just announced a number of changes to its App Store Review Guidelines, including the requirement that apps offering “loot boxes” or other mechanisms that provide randomized virtual items for purchase must disclose the...more

SEC Takes $15 Million Bite Out of an ICO

The SEC issued a cease and desist order against Munchee’s $15 million ICO, opining that the tokens were securities for which no there was registration statement filed or in effect with the Commission nor a qualifying...more

The Legality of Loot Boxes – Update

We recently blogged on legal issues with loot boxes as a game mechanic, and some of the scrutiny to which they are being subjected. The debate continues on whether loot boxes are an illegal gambling mechanic, but at least for...more

CFTC Issues Primer on Virtual Currency, Virtual Tokens and ICOs

The Commodity Futures Trading Commission’s LabCFTC recently released, “A CFTC Primer on Virtual Currencies.” This primer provides an overview of virtual currencies and their potential use-cases, helps outline the CFTC’s role...more

Are Loot Boxes An Illegal Gambling Mechanic?

A member of the United Kingdom’s Parliament has opened an inquiry into the legality of loot boxes. Loot boxes are virtual items that may be redeemed to receive a randomized selection of additional virtual items. Various...more

PTAB Sheds Light On Video Game Patent Validity

The Patent Trial and Appeal Board (PTAB) recently upheld the patentability of a video game-related patent, ruling the computer graphics features were not obvious over the prior art. The patent (US Patent 7,061,488) address...more

Video Game Network Patent Found to Be Patent Eligible – Not an Abstract Idea

The Federal District Court in Delaware recently denied a motion to dismiss a patent infringement case involving a video game networking technology patent based on the patent allegedly being invalid for lack of...more

China Halts ICOs

China has put a halt to Initial Coin Offerings (ICOs) in China. In a recent notice, China declared ICOs to be an illegal fund raising tool and indicated it is reviewing previous ICOs for possible fraudulent practices. Money...more

Cryptocurrency Traders Beware – The Taxman Cometh!

As the collective market cap of the cryptocurrencies has jump above $150 billion, traders and investors have accumulated significant gains. That’s the good news. The bad news is that the Internal Revenue Service is stepping...more

SEC Issues Warning on Certain ICOs

As the number and dollar volume of Initial Coin Offerings (“ICOs”) continue to increase, the SEC has taken a greater interest in this activity. As we previously reported, the SEC issued its initial ICO guidance on July 25,...more

SEC Declares That Initial Coin Offerings (ICOs) May Be Securities; Finds DAO a Security

The SEC has opined that, depending on the facts and circumstances of each individual ICO, the virtual coins or tokens that are offered or sold may be securities. If they are securities, the offer and sale of these virtual...more

Court Enjoins Milwaukee Over AR Location-based Game Ordinance

A U.S. District Court Judge issued a preliminary injunction against enforcing a Milwaukee county ordinance requiring a permit before implementing certain AR location-based games. As we previously reported, Candy Lab AR,...more

New Hampshire Exempts Bitcoin from Money Transmitter Regulation

The pro-bitcoin legislation trend continues. This month New Hampshire passed legislation that exempts persons using virtual currency from registering as money transmitters. Specifically, the law amends existing RSA 399-G,...more

Nevada Passes Pro-blockchain Law

Nevada has passed a pro-blockchain law that recognizes blockchain technology as a type of electronic record for the purposes of the Uniform Electronic Transactions Act and prohibits taxation and regulations regarding the use...more

100 Million Reasons For Open Source Compliance

CoKinetic Systems Corporation filed suit against Panasonic Avionics Corporation, seeking damages in excess of $100 million, in part, for violation of the GPL v2 open source license. CoKinetic alleged that Panasonic blocked...more

Horseracing-based Fantasy Sports Game Found Illegal

In a follow up to a lawsuit we previously reported on, a California District Court ruled on summary judgment that a horseracing-based fantasy sports game constitutes illegal wagering....more

Important Open Source Ruling Confirms Enforceability of Dual-Licensing and Breach of GPL for Failing to Distribute Source Code

A recent federal district court decision denied a motion to dismiss a complaint brought by Artifex Software Inc. (“Artifex”) for breach of contract and copyright infringement claims against Defendant Hancom, Inc. based on...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

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

Don’t Lose Your DMCA Safe Harbor Protection!

The U.S. Copyright Office’s new electronic system for copyright-agent registration and maintenance goes into effect on December 1, 2016, and with it comes new rules. Beginning December 1, all online service providers must...more

Fantasy Stock Picking Contest Deemed by SEC to be Illegal Security-based Swaps

The SEC shut down a “fantasy” stock picking game for allegedly violating securities laws. Forcerank LLC ran contests via mobile phone games where players paid a fee and predicted the order in which 10 securities would perform...more

New Challenge to Daily Fantasy Sports in New York

A group of New York citizens backed by the anti-gambling group Stop Predatory Gambling has filed a lawsuit against New York Governor Andrew Cuomo challenging the constitutionality of the bill that legalized daily fantasy...more

Virtual Porn – Real Patent Lawsuit

The porn industry is often one of the early adopters for new technologies. VR is no exception. Virtual Immersion Technologies LLC is enforcing its patent against live VR porn operators. The patent 6,409,599 (“the ’599...more

Federal Circuit is In Sync with Patent’s Validity Under Section 101

The Federal Circuit overturned a District Court ruling that a patent directed to automated lip synchronization and manipulation of animated characters’ facial expressions was invalid under Section 101 as being an abstract...more

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