Resource Links

This page contains links to several resources below that supplement the book:

Sean Kane’s article, “When It Comes to Games, the Practical Limit to United States Copyright Protection May Only Be Skin Deep” is featured in the first issue of the Games Law Industry Journal. April 27, 2017

Greg Boyd’s article, “Code Ownership is a Trap” is featured in the first issue of the Games Law Industry Journal. April 27, 2017

Gamasutra published S. Gregory Boyd’s article “Video Game Regulation and the Supreme Court: Schwarzenegger v. Entertainment Merchants Association”. November 21, 2010

Gamasutra published S. Gregory Boyd’s article “Patent Strategy in the Game Industry”. May 25, 2017

Shields On: 9th Circuit Strengthens Legal Defense for Video Game Developers
There’s good news for game developers who incorporate real-world elements in their games. On October 20, 2017, the Court of Appeals for the Ninth Circuit affirmed a trial court decision which found that Gran Turismo, a Sony video game, was an expressive work entitled to First Amendment protection. Nov. 2, 2017. Read more.

No Harm, No Foul: Court Dismisses Biometric Data Privacy Class Action Against NBA 2K Games.
Biometric data — from, e.g., retina, face and fingerprint scans — plays a big role in the current wave of new technology services. For example, biometrics provide security features for financial and healthcare products. But companies using or thinking of using biometric data have to comply with myriad privacy and data security laws and regulations, or face potential enforcement action and litigation. Feb. 16, 2017. Read more.

ZeniMax v. Oculus: Lessons from a $500 Million VR Case Verdict
The Oculus Rift has been one of the most anticipated technology developments in modern video game history. Now — as a result of avoidable mistakes — it is also a teaching case for lawyers advising clients in the interactive entertainment space. Here’s a rundown of the case and the traps the developers fell into. Feb. 9, 2017. Read more.

Are Augmented Reality Games Liable for Depictions of Buildings, Trademarks or Artwork?
In the few weeks since its release, Pokémon™ GO has dominated the interactive entertainment landscape. The augmented reality game has reportedly achieved more than 30 million downloads and lots of buzz. But as its popularity grows, so do questions about its legal implications – including the use of landmarks, buildings, monuments, and other frequented locations. July 27, 2016. Read more.

March Madness on a Different Court: Fantasy Sports and New York AG Reach Temporary Compromise.” March 23rd, 2016

Still Paying Attention: FTC Extracts $2M Settlement from Brain Game Company.” January 11th, 2016

Video Games and New York Sales Tax.” July 1st, 2015

Paying Attention: FTC Focuses on Cognitive Function Claims in a Video Game.” February 23rd, 2015

FTC Settles With Yelp and TinyCo Over Alleged COPPA Violations.” September 23rd, 2014

Production Tax Incentives for Video Games.” August 18th, 2014