four epic legal battles coming to a court near you – be prepared
TRANSCRIPT
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
US, Santa Monica
Jim Charne
UK, London
Vincent Scheurer
DE, Frankfurt
Dr. Andreas Lober