News & Analysis as of

Software Video Games

Fenwick & West LLP

GDC 2025: Takeaways for Games Startups and Developers

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This year’s Game Developers Conference (GDC) in San Francisco gave Fenwick’s Games Group an inside look at how triple-A publishers and indie studios alike are tackling the challenges that come with chilled market conditions...more

McDonnell Boehnen Hulbert & Berghoff LLP

What? The Pokémon Company’s Patent Applications Are Evolving!

In September of last year, and in light of a corresponding Japanese patent infringement suit, I published an article detailing how The Pokémon Company had filed two patent applications at the United States Patent and...more

Jones Day

CJEU Clarifies Copyright Protection for Software Variables

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The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more

Fenwick & West LLP

Upholding Fair Play: Legal Consequences for Cheat Developers

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EngineOwning, a Germany-based company, openly confessed to creating cheat software for the Call of Duty games published by Activision Blizzard. Cheat developers' actions can have legal ramifications, but holding them...more

Mayer Brown

Brazil Passes ‘Legal Framework for Games’ Legislation

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In early May, Brazil’s Law No. 14,852/2024 (the “Legal Framework for Games” or the “Framework”) was published. Originating as Bill No. 2796/2021, the legislation provides the necessary legal framework for the burgeoning...more

Vondran Legal

Red Points sued for Defamation over DMCA takedown notice

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In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more

Sheppard Mullin Richter & Hampton LLP

How Generative AI Generates Legal Issues in the Games Industry

Roblox recently announced that it is working on generative artificial intelligence (AI) tools that will help developers who build experiences on Roblox, to more easily create games and assets. The first two test tools create...more

White & Case LLP

Global M&A markets drops to pre-pandemic levels

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While global dealmaking in Q1 was down from a blockbuster 2021, there are signs deal activity could pick up later in the year - Following a record-breaking year for dealmaking, 2022 has had a relatively slow start. A total...more

Sheppard Mullin Richter & Hampton LLP

Planning for an M&A Transaction: Key commercial terms to look-out for

When participating in an M&A process involving a video game company, whether you are on the sell-side or the buy-side, there are certain key terms that are included in industry standard commercial agreements that the parties...more

Dorsey & Whitney LLP

Retrogaming Responsibly

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In the past few years, retrogaming – collecting and playing video games from past generation consoles – has become incredibly popular. However, retrogaming raises some interesting copyright issues for both IP owners and...more

Robins Kaplan LLP

ReDigi Wants a Re-Do at the High Court

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ReDigi, an online platform that allows users to buy and sell pre-owned digital content directly from other consumers, is asking the Supreme Court to overturn a ruling finding that its services were not protected by the...more

Dorsey & Whitney LLP

Plaintiff in Gridiron Battle Over Place of Expert Testimony in Software Copyright Claim Requests Supreme Court to Be Referee

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The software engineer who first coded the popular “John Madden Football” (now Madden NFL) computer video game has asked the U.S. Supreme Court to allow expert witness testimony to support his software copyright claim, over 25...more

Proskauer - New Media & Technology

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

Troutman Pepper Locke

Federal Circuit Highlights Claim Construction in Patent Eligibility Analysis

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The case demonstrates that the eligibility analysis is highly fact-specific and dependent on properly construed claims. In McRO, Inc. v. Bandai Namco Games America Inc., a panel of the U.S. Court of Appeals for the...more

Zelle  LLP

Employment Law Navigator – Week in Review: July 2016 #5

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Pokemon Go has taken the world by storm. Last week, several blogs discussed what employers can do to limit the effect of the game on the workplace. HR Morning advised looking at information technology and social media...more

JD Supra Perspectives

2015 DMCA Exemptions In Detail: When Is It OK to Technologically Circumvent Copyright Protections?

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On October 28, 2015, the LOC reported a new set of regulations regarding exemptions to the DMCA provision that prohibits circumvention of technological measures that control access to copyrighted works. Here's a summary of...more

Foley Hoag LLP - Trademark, Copyright &...

Madden Football Copyright Verdict Under Booth Review

Electronic Arts, Inc. (“EA”), owner of the $4 billion John Madden Football videogame franchise, thought it had a pretty good defense when Robin Antonick filed suit in the Federal Court for the Northern District of California,...more

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