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 Big Tech-shielding principles of Section 230 of the Communications Decency Act (C.D.A.) have made their way into the U.S.-Mexico-Canada Agreement (USMCA), despite some opposition in Congress. Section 230 of the C.D.A. has been credited as the catalyst for creating America’s multibillion-dollar online industry and christened as “the law that built the internet.” Yet, despite …
As 2019 is coming to a close, businesses are bracing themselves for California’s Consumer Privacy Act (CCPA), which will take effect at the start of the new year. The act’s passage in 2018, coupled with Europe’s GDPR, teed up a slew of legislation in state general assemblies aimed at protecting residents’ personal information. As businesses …
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 »
Microtransactions can be a great source of revenue for developers producing games for children. It’s not often that a child is packing a wallet full of cash to spend on games upfront, so creating free-to-play games with microtransactions as the main source of revenue is one path a game maker can take to recoup the …
The Dangers of Targeting Microtransactions to Minors Read More »
With the rise of streamers on Twitch and mega celebrities endorsing games, many video game companies are considering hiring influencers. An influencer, defined as a person who has a significant following related to a certain topic, can be a great source of publicity and exposure for a video game. For example, Apex Legends received a …
How do I keep my influencer (and my company) out of trouble with the FTC? 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 »