According to a recent report the Belgian Gaming Commission has recommended criminal prosecution against certain game companies due to the allegedly illegal use of loot boxes. We have previously written on reports from Belgium and Netherlands. We are continuing to
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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Legal Issues With Blockchain-Based Crypto Games and Collectibles
By James Gatto
The use of blockchain technology for crypto games, such as CryptoKitties, and other token-based digital collectibles is on the rise. Also growing is the number of tokenized-assets marketplaces such as Rarebits and cryptocurrency designed specifically for gaming, such as Enjin…
The Game Goes On: Sheppard Mullin Obtains Dismissal With Prejudice of Class Action Alleging Social Gaming Micro-transactions Constitute Illegal Gambling
This blog post originally appeared on the Class Action Defense Strategy Blog on February 8, 2016
Another lawsuit alleging illegal gambling in a social game has been dismissed. Over the last year, social gaming mobile applications have come under…
Netherlands Declares Certain Loot Boxes Gambling; Warns of Coming Enforcements
As we have previously reported, the subject of loot boxes has received increasing scrutiny around the world. In one of the most recent pronouncements, the Dutch Gambling Authority (the “Authority”) declared the loot box mechanics used in a number…
Korean FTC Issues Fines Over Loot Box Advertising
By James Gatto
According to a recent news article, the Korean FTC fined three game companies for allegedly not making clear disclosures regarding the odds associated with certain loot boxes. Loot boxes are items that players can win or buy and that…
Social Game Site Excludes Washington Players; Gambling Commission Comments
By James Gatto
As previously reported, The Ninth Circuit Court of Appeals reversed a district court’s dismissal of a purported class action and held that a social casino game constituted illegal gambling under Washington law. According to the Court, all online or…
Drafting Effective Blockchain Patents
By James Gatto
As the number of blockchain-based patents and patent applications increases, more companies have become interested in pursuing these patents. Other companies still think that blockchain-based inventions are not patentable. To help sort fact from fiction, we have prepared a paper…
Social Casino Game Found to Be Illegal Gambling
By James Gatto
The Ninth Circuit Court of Appeals reversed a district court’s dismissal of a purported class action and held that a social casino game constituted illegal gambling under Washington law. According to the Court, all online or virtual gambling is illegal…
Crypto-Crime: The SEC and DOJ Go After BitFunder and Its BitFounder
Taking further steps into the world of cryptocurrency, two entities of the federal government recently took legal action against BitFunder, a now-defunct Bitcoin exchange, and its founder, Jon Montroll. The Securities and Exchange Commission filed civil charges against BitFunder and…
Patent Strategies for Cryptocurrencies and Blockchain Technology
By James Gatto
Cryptocurrencies and blockchain technology are rapidly emerging as disruptive technologies. As has happened with many new technologies, particularly disruptive ones, a patent arms race is occurring. The number of patents being filed for these technologies is rapidly increasing.
The number…