The U.S. Congress is currently considering legislation that would tap the brakes on foreign direct investment in the United States, particularly on investments in sensitive industries like artificial intelligence, robotics, and semiconductors. We know: you’re saying we already have that
Game Counsel
The Go-to Resource for Legal Insights in the Gaming and Esports Industries
Game Counsel, published by Sheppard, Mullin, Richter & Hampton LLP, focuses on legal issues at the intersection of gaming, technology, and intellectual property. The blog covers topics such as regulatory developments affecting social casino sweepstakes, legal challenges related to AI and voice cloning, copyright and licensing frameworks for AI training, and legislative efforts addressing digital replicas and deepfakes. It also addresses enforcement actions by state authorities against online gaming platforms and explores the evolving legal landscape for gaming companies, content creators, and technology developers. The blog provides insights into privacy, consumer protection, and intellectual property rights as they relate to the gaming and AI industries.
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Apple Requires Disclosure of Odds for Loot Boxes
By James Gatto
Apple just announced a number of changes to its App Store Review Guidelines, including the requirement that apps offering “loot boxes” or other mechanisms that provide randomized virtual items for purchase must disclose the odds of receiving each type…
SEC Takes $15 Million Bite Out of an ICO
By James Gatto
The SEC issued a cease and desist order against Munchee’s $15 million ICO, opining that the tokens were securities for which no there was registration statement filed or in effect with the Commission nor a qualifying exemption from registration.…
The Legality of Loot Boxes – Update
By James Gatto
We recently blogged on legal issues with loot boxes as a game mechanic, and some of the scrutiny to which they are being subjected. The debate continues on whether loot boxes are an illegal gambling mechanic, but at least for…
CFTC Issues Primer on Virtual Currency, Virtual Tokens and ICOs
By James Gatto
The Commodity Futures Trading Commission’s LabCFTC recently released, “A CFTC Primer on Virtual Currencies.” This primer provides an overview of virtual currencies and their potential use-cases, helps outline the CFTC’s role and oversight of virtual currencies, and cautions…
Deadline Approaching: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection
The U.S. Copyright Office is making changes to the Digital Millennium Copyright Act (DMCA) safe harbor agent registration process. The changes impact both new online service providers as well as existing online service providers who have already registered an agent.…
Are Loot Boxes An Illegal Gambling Mechanic?
By James Gatto & Mark Patrick
A member of the United Kingdom’s Parliament has opened an inquiry into the legality of loot boxes. Loot boxes are virtual items that may be redeemed to receive a randomized selection of additional virtual items. Various countries around the world have recently…
PTAB Sheds Light On Video Game Patent Validity
By James Gatto
The Patent Trial and Appeal Board (PTAB) recently upheld the patentability of a video game-related patent, ruling the computer graphics features were not obvious over the prior art. The patent (US Patent 7,061,488) address techniques for rendering lighting and shadows…
eSports on the Rise as Collegiate Sport
By Mark Patrick
Across the country, colleges and universities are turning to eSports as a new addition to their athletic programs. Earlier this year, the University of Utah became the first school from a major athletic conference to offer varsity eSports. With an…
Video Game Network Patent Found to Be Patent Eligible – Not an Abstract Idea
By James Gatto
The Federal District Court in Delaware recently denied a motion to dismiss a patent infringement case involving a video game networking technology patent based on the patent allegedly being invalid for lack of patent-eligible subject matter under 35 U.S.C. §…