Virtual property can mean a lot of things in different situations. How is the purchase of virtual property regulated? What risks do developers and publishers face by including these kinds of transactions? This series will cover virtual property, virtual currency and the regulations behind these assets as this space continues to grow at a rapid …
At the very beginning of 2019, we made predictions as to what we would see growing and changing in the video games industry from a legal perspective. Here’s our predictions for 2020 and looking back at where we were right (and wrong) last year. Subscription services will be the business shift of 2020 This is …
The video game industry thrives on secrets. Game reveals, licensing deals, budgets and more are closely guarded aspects of the business that are part of a company’s larger operational strategy. Games, especially large blockbusters, are also made by teams of people. The more people that know a secret, the harder it is to keep. That’s …
If a company operates a service, it’s a good idea to establish rules for how users will interact with it. Having a Terms of Service (TOS), a document that every user sees and must agree to when registering for an account (free or paid), is an effective way to protect a company and service. While …
The Pros (and Cons) of Keeping Terms of Service Language Broad Read More »
Assuming it is signed by the Governor, on January 1st, 2020, California’s AB5 Labor Bill will go into effect and will prevent many companies from treating their workers as independent contractors. What does this mean? The short version is that AB5 presents an ABC test. If A) workers perform tasks under a company’s control, B) …
California’s AB5 Labor Bill Will Greatly Affect Game Companies Read More »
In parts 1-4 of this First Amendment series, I gave an introduction, provided the basics of the First Amendment and talked about what First Amendment protection means along with what speech is protected. In this post, I will give a bit of context for how those standards are applied to video games, specifically. Brown v. EMA Until …
The First Amendment and Video Games – Part 5: Brown v. EMA Read More »
On May 21, a bill was introduced in the US Senate. This bill, dubbed The Protecting Children from Abusive Games Act, is a misguided attempt to regulate loot boxes and pay-to-win mechanics out of the video game industry. To be clear: I am not necessarily against regulation on loot boxes. I do think that there …
FAQ on a bill (S1629) proposing The Protecting Children from Abusive Games Act Read More »
Recently, a lawmaker in Pennsylvania proposed a law to tax the sale of video games rated M or AO by ESRB at 10%. This would be in addition to the sales tax already imposed in Pennsylvania (which I am going to refer to as “PA” because it’s too much to type over and over). According to GameSpot: …
Diligence is the process by which a prospective buyer or investor looks at a company in order to decide whether or not to invest or buy. It’s really that simple. Diligence can be very scant or it can be very involved. A wise investor or acquirer will lean toward more aggressive diligence. That means looking …
How to prepare for a financing or acquisition: Diligence Read More »
In Part 3 of this series, I spent some time talking about the difference between First Amendment protected speech and unprotected speech. With that in mind, assuming speech is “protected” by the First Amendent, what does that actually mean? Protection from government restriction The language of the Amendment is always relevant. The first part of …
The First Amendment and Video Games – Part 4: What is Protection? Read More »