Defamation is a catch-all term for any statement that hurts someone’s reputation, that can be divided into “slander” which are spoken statements, and “libel” for written. A person who believes he or she has been defamed by another can sue the person who did the defaming for damages. Libel law varies by state, but overall …
In the US, the primary law related to email marketing is the CAN SPAM Act of 2003. Each and every separate email in violation of the CAN-SPAM Act is subject to penalties of up to $42k. For the most part, the law is in line with common sense and helps businesses with their relationships with …
The Biometric Information Privacy Act (BIPA) was first introduced by Illinois in 2008. Versions of it followed in Texas in 2009 and then Washington in 2017. But what is it and why does it matter? What is BIPA? Broadly, BIPA requires the informed consent of the collection of biometric data prior to collection, prohibits companies …
Ringing in the New Year not only brought new year’s resolutions, but it also gave effect to the CVAA in the video game industry. What is the CVAA? The CVAA (21st Century Communications and Video Accessibility Act 2010) sets forth accessibility requirements for all advanced communications services. This includes advanced communications services for game software, …
Update: 1/26/2019: Unity has updated its terms. Over the past week, the video game world has been closely following the tumultuous relations between Improbable, Unity and Epic Games centering on an interpretation of an update (or clarification) of Unity’s Terms of Service. This case has brought into the spotlight an ordinary and extremely common contract: Terms …
2018 was an eventful year from a legal perspective in the video game industry. At Odin Law and Media, here’s what we’re anticipating to see as growing legal challenges in this space in the new year. Esports more formalized Currently, esports is a very fragmented part of the video game industry. There are different tiers …
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 2018, we had a lot of new ground covered in the video game industry from a legal perspective. Here are some of the most notable, influential stories in case you missed them: Studio Closures & Snafus More than a thousand jobs have been lost in the video game industry in 2018 alone – and …
User generated content (UGC) can provide a company with a lot of positives, marketing and community-wise, but it comes with a ton of legal landmines. When managing a VR/AR experience, here are some things to keep in mind if a developer is going to allow UGC. The primary legal issues The two main legal issues …
How do you handle user generated content in VR/AR experiences? Part 3 Read More »
Not all clients are in crisis situations – even if the tone of their email or phone call suggests they are. When there is a real, bona fide crisis, what are the lawyer’s ethical obligations? What about when the media gets involved? What is a crisis? A crisis can be anything with the potential to …