Copyright and Trademark

What is DMCA anti-circumvention?

The primary goal of the Digital Millennium Copyright Act (DMCA) is to protect technology, devices, and/or services that are copyrighted. Anti-circumvention refers to laws that prohibit the circumvention of technological barriers for using a digital good and/or service in a way that the rights-holder doesn’t allow. The requirement for anti-circumvention laws came about with the …

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The First Amendment and Video Games – Part 5: Brown v. EMA

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 …

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What is a DMCA counter notice?

The Digital Millennium Copyright Act (DMCA) protects technology, devices or services that are copyrighted. The act was written to protect IP owners, content hosts and internet service providers. It also provides a safe harbor for hosts and ISPs when users commit infringement on their platforms. A DMCA counter notice is the response an organization submits …

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What is § 230 Immunity?

The internet is sometimes perceived as a largely unregulated place because of the sheer volume of content that can be uploaded and shared, as well as the seemingly anonymous nature of what can happen online. Providing stability in this swirling chaos are Internet Service Providers (ISPs), that act as a hub for activity and content …

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What is a DMCA takedown?

The Digital Millennium Copyright Act (DMCA) protects technology, devices and/or services that are copyrighted. The act was written to protect IP owners, content hosts and internet service providers. A DMCA takedown is specifically when content is removed from a website or a platform at the request of the owner of the copyright holder. It is, …

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Can I Use the Character From Another Game in My Own Game?

All game devs have a favorite character; one they draw inspiration from. What better way to show props to those who have inspired you than by featuring your favorite character in your new game. A little nudge or nod to other creators to show your respect. But where does admiration cross over to copyright infringement? …

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What is a trademark? And what is fair use of a trademark?

We see trademarks every day. Ones that we recognize, like Coca-Cola, Apple, Exxon, Pepsi and Ford, and ones that may go unnoticed, like the color of a Tiffany’s blue box. A trademark is a word, phrase, slogan, symbol, design, or combination that (1) identifies the good or service and (2) distinguishes source. Trademarks can (but …

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Terms of Service and Clarity

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 …

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