Four epic legal battles coming to a court near you – be prepared.

Four epic legal battles coming to a court near you – be prepared

Gambling Platforms Destroying WorldsPrivacy

Gambling Vincent Scheurer

What is “gambling”?

Some legal definitions (UIGEA 2006, GA 2005).

What is “gambling”?

A practical definition:Any activity where value is risked in connection with an unknown event or fact which may generate a benefit or reduce a loss … may constitute gambling.

How can we avoid “gambling” in multiplayer (or even single player) games?

Two types of gambling in games: (i) game publisher gambles with players; (ii) players gamble with each other.

Three Red Flags:(i) randomized benefits (e.g. item drops) of material value (even if cash conversion is not allowed); (ii) players can buy and sell assets (including items, currency and land); (iii) players can take out more money than they put in.

PlatformsAndreas Lober

Today, everybody may play your games...Today, everybody may play your games...

... but you‘ll feel like a lonely nerd once your App has been pulled.

Guess what they have in common? (Yes, antitrust proceedings!)

Destroying WorldsJim Charne

Conclusions first:* Plan for this eventuality. * It’s not if … It’s when!

Step One:* Create a separate entity to operate the game.

Step Two:* Your EULA.* NOT an afterthought.* A good EULA is a defensive document.

Step Three:* Give plenty of notice. (Maybe a year!?)* Keep reminding your players.* Keep records of all communications.

Conclusion:* Best strategy is to AVOID epic legal battles!

PrivacyOlivier Oosterbaan

gamesrechtenbusiness.nl

Rules, applied poorly today:* No “nested” policies (consent is not possible).* Age limits: US COPPA <13 (<18 ?), EU < 16.

Rules, new tomorrow:* May 2011: Cookies (“Citizens’ Rights Directive”).†

* 2011 (est.): Mandatory data breach notifications.* 2011/2012 (est.): Full review of framework.††

[Hannah Montana in a carrot suit.]

Rules, and reliance:* Others get it wrong (don’t rely on the platforms).*

NL, Amsterdam

Olivier Oosterbaan

[email protected]

US, Santa Monica

Jim Charne

[email protected]

UK, London

Vincent Scheurer

[email protected]

DE, Frankfurt

Dr. Andreas Lober

[email protected]