Publishers do a lot of things developers complain about: they take a cut of revenue, they have approval rights over content, they can move slowly, and they sometimes lose interest in the game after launch. However, publishers also absorb a significant amount of legal and administrative work that most developers never see. Self-publishing means that …
Self-Publishing: 5 Key Things Developers Need To Know Read More »
In our “VTuber IP 101: Protecting Avatars, Content, and Branding” blog post, we talked about what intellectual property rights VTubers already have, when they have to register those rights, and what protections different intellectual property rights give. We also briefly mentioned certain legal actions that VTubers can take after they establish their rights. When it …
VTuber IP 201: DMCA Strategy and Personal Privacy Read More »
In the creator economy, unscripted entertainment and video game production, chain of title is everything. If a producer or studio cannot show it has the rights it needs in the footage, performance, voice, name, and likeness appearing in a project, that lack of rights can derail distribution, financing, insurance, or an acquisition. Publicity and appearance …
Signing Your Life Away: The Wild West of Publicity Releases Read More »
Back in the wild west days of video games in the 80s, 90s and even early 2000s, games rarely, if ever, collected personal information. As games evolved into the connected experiences we enjoy today, studios now increasingly rely on information flows to support gameplay, analytics, personalization, live operations and more. At the same time, global …
With games collecting vast amounts of user data—ranging from usernames and IP addresses to payment information and in-game behaviors—having a clear and compliant privacy policy isn’t just a good practice; it’s a legal requirement. However, simply copying and pasting another company’s privacy policy is a dangerous shortcut that can lead to serious legal consequences. Legal …
Why Video Game Companies Need Privacy Policies and Why Copy-Pasting Won’t Work Read More »
Beck v. McDonald. At a VA hospital, a laptop holding 7,400 patients personal information was secured to a medical device by only a strip of Velcro. Unsurprisingly, it was stolen. Two veterans sued the VA over the compromise of their personal information. The veterans sued for violations of the Privacy Act of 1974 and the Administrative Procedures …
No standing for speculative harm in data breach – Fourth Circuit Read More »
US v. Graham. In an en banc opinion, the Fourth Circuit overturned the panel’s decision in this case: A majority of the panel held that, although the Government acted in good faith in doing so, it had violated Defendants’ Fourth Amendment rights when it obtained the CSLI without a warrant. . . . We now hold that the …
Fourth Circuit reverses itself: no warrant needed for historical cell site data Read More »
Aikens v. Ingram. Aikens, a N.C. National Guard member, sued under 42 USC 1983, claiming that two officers had violated his Fourth Amendment rights by monitoring his emails. At the time, Aikens was deployed, using a Department of Defense computer. The defendants allegedly monitored his emails in order to find incriminating correspondence that they could …
Email monitoring of deployed troops not subject to Fourth Amendment – Fourth Circuit Read More »
Berry v. LexisNexis Risk and Information. The Fourth Circuit has handed down an appellate win for Lexis and other major data collectors involved in class litigation and seeking to minimize their financial liability. Class action plaintiffs alleged that Lexis failed to follow the protections under the Fair Credit Reporting Act, which requires certain protections for …
A victory for LexisNexis under the FCRA – Fourth Circuit Read More »
US v. Amir Faraz. Amir Ali Faraz was convicted of conspiracy to distribute and possess with intent to distribute 1 kilogram or more of heroin and 100 kilograms or more of marijuana, two counts of possession with intent to distribute heroin, four counts of use of a communication facility to facilitate narcotics trafficking, and interstate travel with intent to promote drug trafficking. He …
Fourth Circuit affirms wiretap evidence (unpublished) Read More »