Video Game Industry and Law

Zahri

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Dec 15, 2008
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I write this topic out of curiosity... Is there anything big that's happened recently concerning game developers, publishers or media? Something that has caused some entity to bring a lawsuit against that game industry entity?

I wanna do some reading and maybe talk a bit on the subjects, just don't know where I'd even begin to look...
 

senordesol

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Oct 12, 2009
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Nothing that I'm aware of. Senator Leland Yee was the last guy who tried (then got arrested for running guns). Video games have kind of been accepted into the cultural zeitgeist at this point. Enough people play them on a regular basis that bringing suit against the industry would be pointless.
 

Zahri

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If that's the LAST thing that's happened. then I can only content that I'm happy the dude got caught and that the game industry has kept its nose relatively clean, obvious big current revolt aside. xD
 

know whan purr tick

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I'm coming from the US but I'd be curious about other Countries. I'm not seeing the whole industry on trial, except when laws are being challenged. The videogame industry is not a singular entity.

2012 Video Game Industry Litigation Review [http://blog.smu.edu/game-business-law/files/2013/12/2012-Video-Game-Litigation-Paper.pdf]
This seems to be a paper two individuals for law school [wrote] at Southern Methodist University. I didn't read the whole thing but it seems well put together.

Brown (Gov. CA), et al. versus Entertainment Merchants Ass. et al. [http://www.supremecourt.gov/opinions/10pdf/08-1448.pdf] Case challenging CA law restricting sale and rental of violent videogames to minors and if this was a first amendment violation. 92 pages, from Supreme Court. CA District 8 has this short summary,when the case was filed. [http://sd08.senate.ca.gov/news/2005-10-18-yee-responds-video-game-industry-lawsuit-over-new-law-prohibiting-sale-violent-video]

More recent but not a lawsuit, and directed more at retailers:
A Federal Trade Commission undercover shopper survey found that video game retailers continue to enforce age-based ratings, while movie theaters have made marked improvement in box office enforcement.

Only 13 percent of underage shoppers were able to purchase M-rated video games, while a historic low of 24 percent were able to purchase tickets to R-rated movies. In addition, for the first time since the FTC began its mystery shop program in 2000, music CD retailers turned away more than half of the undercover shoppers. Movie DVD retailers also demonstrated steady improvement, permitting less than one-third of child shoppers to purchase R-rated DVDs and unrated DVDs of movies that had been rated R for theaters.
[...]
FTC [http://www.ftc.gov/news-events/press-releases/2013/03/ftc-undercover-shopper-survey-entertainment-ratings-enforcement]

Not the whole industry, the NCAA likeness suit:
O'Bannon v. NCAA, a lawsuit filed in July 2009 by former UCLA basketball star Ed O'Bannon on behalf of other former college athletes against the NCAA and the Collegiate Licensing Company (CLC), tackles the issue of using the "likeness" of athletes in rebroadcasts of games, DVD sales, photos, video games, etc., without compensation after an athlete graduates or stops playing in the NCAA. This likeness could be the athlete him or herself in DVD of a classic game, or a video game "version" of an athlete that almost exactly resembles him or her, save the name (these names can be easily downloaded and incorporated into the given game, however).
PBS [http://0-www.pbs.org.librus.hccs.edu/wgbh/pages/frontline/money-and-march-madness/ncaa-lawsuit/]
I liked this and thought it worth including:
Video games represent one of the most difficult challenges for digital preservationists. Created for a diverse array of hardware and software platforms, rife with rights issues, and as expressive creative works objects which one hopes to attend to the highest levels of artifactual qualities. Despite being one of the most challenging forms of content, there is little doubt that games have become one of the biggest parts of American and global culture. I was excited to have the opportunity to chat with David Gibson a Moving Image technician here at The Library of Congress who is working on the acquisition and preservation of games.
[...]
LOC [http://blogs.loc.gov/digitalpreservation/2012/09/yes-the-library-of-congress-has-video-games-an-interview-with-david-gibson/]
There are better engines to do legal searches, some are available at libraries. If your already graduated discounts are usually available for annual library access. If you are in the US, these libraries [http://catalog.gpo.gov/fdlpdir/FDLPdir.jsp] would all have something like LexusNexus.

Over the past year, Edelson PC has filed a number of class action lawsuits on behalf of gamers, all seeking to hold the video game industry accountable for its conduct. Case in point: in November 2011, Edelson attorneys filed a putative nation-wide class action lawsuit in the Superior Court of California against Electronic Arts (?EA?) and Sony Computer Entertainment America (?SCEA?) ? two of the ?biggest of the big-league? players in the video game industry. As alleged by the class action complaint, EA and SCEA made, but didn?t honor, a promise to gamers in promotion of the much-hyped video game release for ?Battlefield 3? for the PlayStation 3. Through the lawsuit, Edelson sought relief for the many hundreds of thousands of gamers who took EA and Sony at their word, but didn?t receive everything that they were promised. The case, which received a landslide of positive press coverage within the video game industry, has been resolved.
http://www.edelson.com/case/13/


I'm seeing cases filed against: Sony for killzone; a "third" Battlefield 4 class-action lawsuit; and Sega for Colonial Marines but I didn't look to see what the status was for those.

edit: that last quote is not boxing for me. Not sure if/where mistake.
edit2: I must have deleted my library link, fixed.