Issues/Your Take

E-sports: Publishers versus Pros

E-sports: Publishers versus Pros

A recent Wired.com article touches on the precarious position of e-sports pros in a world where the game publishers hold all the power. Many e-sports pros are full time employees, with salaries and benefits, and compete in an industry valued at over a billion dollars. But, as the article says, there is one major difference […]

Are hardware mods akin to in-game mods?

Are hardware mods akin to in-game mods?

The Verge recently posted an article on how to modify an Xbox One controller into a throttle-and-stick setup with 3-D printed parts to make it easier to play Microsoft Flight Simulator. In last week’s class we discussed unauthorized in-game mods; for example, mods created in Nintendo’s Animal Crossing by hackers. If a game developer takes […]

A Return to Reception? Situating ‘Walking Simulators’ within the Contemporary Video Game Copyright Regime

A Return to Reception? Situating ‘Walking Simulators’ within the Contemporary Video Game Copyright Regime

The status quo in video game copyright – namely, that the “constituent elements” of video games as systems are copyrightable[1] but that the gamer’s role in supplying the “creative inputs [emphasis added]” for such systems[2] precludes games per se from copyright[3] – may be problematic in the context of some emerging video game genres. In […]

Video game stars are the new(ish) target of predatory management contracts, but are those contracts illegal?

Video game stars are the new(ish) target of predatory management contracts, but are those contracts illegal?

See Cecilia D’Anastasio’s exposé in WIRED: https://www.wired.com/story/streaming-video-game-star-management-industry/

Welcome to the 2020 Video Game Law Cohort

Welcome to the 2020 Video Game Law Cohort

Thanks for coming in this most unusual year. It all may seem fitting given that video game law often appears to be a most unusual subject. But perhaps what’s most unusual about video games is how usual  they have in fact become in our lives and across our devices. All the more so during COVID…check […]

It’s not April 1st…is it?

It’s not April 1st…is it?

Sometimes you simply have no choice but to post. This is one such story… Jon

Implications of Forthcoming YouTube Policy Updates on Gaming Content

Implications of Forthcoming YouTube Policy Updates on Gaming Content

YouTube is looking to update their policies so as to better differentiate between real-world violence and gaming violence. In her quarterly letter,  the platform’s CEO said the policy changes look to include fewer restrictions on violence in gaming content and matching interested advertisers with ‘edgier content’. The existing policy has seen a crackdown on violent […]

Video Game Machines Ruled as Slot Machines in Pennsylvania

Video Game Machines Ruled as Slot Machines in Pennsylvania

This just in today: the Pennsylvania Commonwealth Court recently ruled that video game machines called “Pennsylvania Skill”, manufactured and distributed by Pace-O-Matic (POM) are considered “slot machines” under the state law. The Pennsylvania Crime Code, Title 18 Section 5513, provides that it is illegal to manufacture, set up, sell, lease, or own a “slot machine” […]

Video Game Patent Review Not Time-Barred, Fed. Cir. Says

Video Game Patent Review Not Time-Barred, Fed. Cir. Says

Key takeaways  Patent challenger never served in infringement case PTAB should determine proper service before review A patent validity challenge at the Patent Trial and Appeal Board wasn’t time-barred because the petitioner was never properly served in a related infringement case, the Federal Circuit ruled. The PTAB should have considered the timeliness of a petition […]

“Sequels”: No More Game Preservation

“Sequels”: No More Game Preservation

In today’s class we spoke about the evolution of Video Games, especially encompassing the development of streaming through Google’s Stadia or Xbox’s X Cloud, but what about the development of Video Games themselves? A recent article I read (link below) was discussing Overwatch 2 and highlighted the blurred line between sequels and expansions. Personally, I […]