News & Analysis as of

Gaming

Hudson Cook, LLP

Pay to Play? CFPB Warns Consumers about Risks of Video Game Currency and In-Game Purchases

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The Consumer Financial Protection Bureau (CFPB) has turned its attention to in-game currencies and purchases (commonly referred to as "microtransactions or "downloadable content"). On August 28, 2024, the CFPB followed up its...more

Sheppard Mullin Richter & Hampton LLP

New California Law Targets Sellers of Digital Goods

Introduced in response to certain digital media sellers (e.g., game publishers) revoking consumer access to purchases with little to no recourse, AB 2426 forces sellers of “digital goods,” such as movies, apps, games, books...more

Lowenstein Sandler LLP

Place Your Bets, For Now: Kalshi’s Election Contract Market Goes Live After Court of Appeals Denies CFTC’s Motion to Stay

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On September 12, 2024, Judge Jia Cobb of the U.S. District Court for the District of Columbia (the Court) formally issued a memorandum opinion (the Order) in favor of KalshiEX LLC (Kalshi), a prediction market registered with...more

Womble Bond Dickinson

New Market, Old Rules: United Arab Emirates Opens Doors to Gambling Industry with Regulations Similar to U.S. Jurisdictions

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The United Arab Emirates (UAE) is taking the plunge into gambling, with the publication of commercial gaming regulations and licensing materials. The good news for interested investors and licensees is that the regulatory and...more

Paul Hastings LLP

No Safe Bet in the Legal Fight Over Political Event Contracts

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The CFTC’s attempt to ban political event contracts is on hold for now and faces a difficult road ahead. In the year since it decided that KalshiEX LLC could not list such contracts for trading, the Commission has been forced...more

Lewis Roca

The Importance of Retaining a Grandfathered Gaming Location in Nevada

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We have all heard the phrase location, location, location. In the context of gaming in Nevada, grandfathered locations refer to casinos or gaming establishments that have been allowed to continue operations under previous...more

BakerHostetler

District Court Charts Pathway for Election Gambling

BakerHostetler on

Kalshi is a CFTC registered exchange that allows for the placing of cash bets on a variety of real-world events. Specifically, through what it calls “event contracts,” Kalshi allows users to buy positions on whether an event...more

Sheppard Mullin Richter & Hampton LLP

Regulators Ramp up Scrutiny of Games’ Business Models

On August 28, the CFPB issued a Consumer Advisory warning that it believes video game companies are targeting children for monetary gain. With 45.7 million U.S. children engaged in video gameplay, the agency is concerned...more

Ballard Spahr LLP

CFPB Again Taking on Gaming Industry

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On August 28, 2024, the CFPB issued a consumer advisory warning that many video games and “virtual worlds” increasingly resemble traditional banking and payment systems that allow the storage and exchange of billions of...more

Manatt, Phelps & Phillips, LLP

CFTC Concludes Public Comment Period on Proposed Election Trading Ban

August 2024 - The Commodity Futures Trading Commission (CFTC) has recently concluded the public comment period for its proposed rule to ban trading in derivatives tied to U.S. election outcomes. If approved, the proposed...more

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: It's Been Too Long

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It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more

BakerHostetler

When Is a Pay-to-Play Game Gambling?

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As of relatively recently, gambling was generally prohibited in the United States. You could visit a casino in places like Las Vegas, participate in some state lotteries, and buy tickets for charitable raffles, but options...more

Hogan Lovells

The Fall of POGOs: Behind the facade of legality in the Philippines offshore gaming space

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Representing a fall from grace for an industry that was once seen as key to boosting economic revenue for the Philippines, President Ferdinand Marcos Jr. in July announced a ban on all Philippine Offshore Gaming Operators...more

BakerHostetler

[Podcast] 2024 DSIR Deeper Dive: The Use of AI In Interactive Entertainment and Videogames

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Associate Carolina Alonso takes a deeper dive into Artificial Intelligence in the videogame and entertainment industry. Carolina explores how AI is being used as a tool by game developers and what legal points these...more

Wilson Sonsini Goodrich & Rosati

Game, Set, Match: Courts Curb Cheat Code Sellers

The $200 billion video game industry is centered around positive experiences where developers challenge player skill through game mechanics, level design, and other creative tactics. Through the course of the gameplay...more

McDonnell Boehnen Hulbert & Berghoff LLP

Interplay between image and likeness rights and AI central to gaming actor strike and newly proposed legislation

Last week, for the second time ever, members of the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) in the gaming industry (e.g., voice actors and motion capture artists) voted to strike...more

Holland & Knight LLP

Finland Proposes Sweeping Reform of Gaming Market with Open Licensing System

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The Finnish government has unveiled a draft law proposing a major overhaul of the country's gaming regulatory landscape. The proposed system, targeted for launch in January 2027, would usher in a new era of open competition...more

Arnall Golden Gregory LLP

Top 10 Legal Considerations for Esports Players and Teams

In recent years, the world of esports has transformed from a niche subculture of competitive video game players into a global phenomenon of international tournaments, attracting millions of fans and generating substantial...more

Klein Moynihan Turco LLP

Major Updates to Google Gaming Advertising Regulations Take Effect July 15!

As of today, July 15, 2024, Google gaming regulations contain significant revisions. The Google Ads policy for daily fantasy sports (“DFS”) operators now enable them to run advertisements in many markets across the United...more

Hudson Cook, LLP

Mo Data, Mo Problems: Data Protection and Privacy Concerns for the Gaming Industry

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The Consumer Financial Protection Bureau's (CFPB) eyes are on the gaming industry and the potential harm consumers may suffer from data security and privacy concerns....more

Hudson Cook, LLP

"That's Unfair!" Navigating CFPB Scrutiny and Consumer Protection Challenges in the Gaming Industry

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The gaming industry has seen exponential growth over the past twenty years, transforming from a niche hobby into a mainstream cultural and economic juggernaut....more

Proskauer - Advertising Law

Game Over: Court Dismisses Class Action Lawsuit Over Gaming Computer Performance

The gaming industry is increasingly becoming a target for consumer class actions, as plaintiffs’ attorneys are scrutinizing the marketing and performance claims of gaming PCs and accessories.  However, gaming companies are...more

Lewis Roca

The Seminole Tribe of Florida wins in West Flagler Associates v. Haaland

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After three long years, the Seminole Tribe of Florida, a leader in the fight for Tribal gaming rights, appears to have just won its latest battle – this one over a Tribe’s ability to offer mobile sports betting throughout the...more

Knobbe Martens

Video Games and Esports: Why WIPO’s ADR is Tailored to Help Resolve IP Disputes

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In this episode of the Knobbe IP+ podcast, Knobbe Martens partner Mauricio Uribe speaks with World Intellectual Property Organization (WIPO) Legal Officer Oscar Alberto Suárez Bohorquez on the recently announced WIPO...more

Fenwick & West LLP

The Evolution of Free-to-Play Games: A Legal Perspective

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The roots of free-to-play games can be traced back to the shareware business, which paved the way for independent game developers and the free-to-play economy. While free-to-play games may seem like a modern concept,...more

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