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 …
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 …
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 »
It’s hard to get a video game off the ground. Game development includes cat wrangling and herding artists, designers, developers, business people and more and getting everyone on the same page. There’s testing to make sure as few bugs go out as possible and then there’s more testing after a game is released into the …
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 …
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 …
On March 26, 2019 the European Union Parliament passed the controversial Article 13. Leading up to the vote there were protests and criticisms on the effect that Article 13 would have on the Internet. To understand the criticism of the law, first we have to understand what Article 13 is anyway. Article 13, which is …
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, …
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? …
Can I Use the Character From Another Game in My Own Game? Read More »
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 …
What is a trademark? And what is fair use of a trademark? Read More »