Non-compete agreements restrict employees from being able to go to work for competitors after leaving an employer, willingly or unwillingly. They are a standard practice across the board in the video game industry and are intended to offer protection for game developers, but are they enforceable? The short answer? Yes, for the most part. But, …
Are non-compete agreements enforceable in the video game industry? Read More »
As the majority of American schools have closed their doors because of the COVID-19 outbreak, children stuck at home are spending more time on social media and online games than ever before. If a company markets games or other content to children, it’s important to make sure they are in compliance with the applicable federal …
The Federal Trade Commission is considering whether to make changes to its “Guides Concerning the Use of Endorsements and Testimonials in Advertising” (aka the Endorsement Guides) and they want to hear from you. As the name suggests, the Endorsement Guides are guidelines for businesses and marketers using endorsements in advertising. Their purpose is to help …
FTC Request for Public Comments on Endorsement Guides in Advertising Read More »
Moral rights got a lot of attention recently after Blizzard requested that users sign over moral rights to created works in Warcraft III: Reforged. Here’s a bit of context on what moral rights are and why they matter in this situation. What are moral rights? Moral rights are rights that vest in the creator of …
Much to businesses’ delight, the California Attorney General’s Office released an updated draft of its CCPA regulations on February 10, 2020. In attempts to un-muddy the waters, the new version of the regulations attempts to clarify definitions and notice requirements as well as provides examples for the mandated practices. The following updates are regulations gaming …
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 »