Legal Issues Game Developers Face

The Entertainment Software Association have fought to overturn the Brown case and similar laws involving the ban of violent video games (Video Software Dealers Ass 'n, et al. v. Schwarzenegger). The ESA won all of these previous cases based on the fact of the

Alex Weiss wrote, “Should Gamers Be Prosecuted for Virtual Stealing” which compares virtual laws to real life laws. The thesis of his argument is “video games are not work or investments for which people should be compensated; they are escapism” (Weiss). He is saying that what happens in a video game should stay in a video game. It should have no correlation to the outside world. One an example he gives to support his thesis is,” These projects may seem foolish to those outside of the gaming world but they represent a great a deal to their creators. And these hopes and dreams can be destroyed rapidly by another player who just wan to be a jerk” (Weiss 732). He says right there that a player could spend months on making something when in just

Video games are a fast growing form of technology. This issue has to be discussed because of the two confronting sides that embark it. Because of the issue video games have to either continue growing as they are or they have to be stopped completely or a settlement between the two parties has to be

Video games are an ever-growing franchise that is constantly undergoing change. Ever since the dawn of video games, new consoles, games, developers, and teams have come together, fallen apart, triumphed, and failed. What is it that has allowed some to thrive where others failed? Several different factors have changed and influenced the world of gaming, including the history that is continuously being written, the people who have built the games behind the scenes, and, of course, the actual video games themselves. Numerous video games have been more successful than others, but identifying what components set the successful apart from the unsuccessful is something definitely worth observing.

“We have held that where the works in question are 'so strikingly similar as to preclude the possibility of independent creation, copying may be proved without a showing of access.'" In some cases, the similarities between the plaintiff's and defendant's work are so extensive and striking as, without more, both to justify an inference of copying and to prove improper appropriation. If a plaintiff demonstrates actual copying through proof of a reasonable possibility of access and similarities probative of copying, however, it can prevail on its infringement claim by demonstrating that defendant's work is "substantially similar to that which is original in the plaintiff's expression." With "inexact copies," this assessment proceeds by a comparison of the "total concept and feel of the contested works" as "instructed by common sense.” The court must "analyze the two works closely to figure out in what respects, if any, they are similar, and then determine whether these similarities are due to protected aesthetic expressions original to the allegedly infringed work, or whether the similarity is to something in the original that is free for the taking."

Lionel Bentley and Brad Sherman have, in their book; "Intellectual Property Law” acknowledged that indeed there is tension between competition law and intellectual property law. While discussing the effect of competition law on the exploitation of copyright , they state that a copyright entitles an owner to use the property in a manner which he or she so wishes and that the copyright owner cannot be compelled to apply their rights in a particular manner. This is the exclusivity of a right. They, however, acknowledge that there are circumstances in which competition law may require a property owner to make available the right for use by the public. They state that operators in dominant positions have a special responsibility not to allow their conduct to impair

In discussions of video games, one controversial issue has been whose responsibility it is to deal with the behavioral problems of children and teens who get influenced by the content in games. On one hand, the game industry argues that the responsibility should lie with whomever bought the game. On the other hand, others such as parents and Parental guidance agencies contend that their children’s bad behavior stems from games and that the video game industry should regulate the content to protect children from negative influences within the game. Others even maintain that video games promote violent crimes. My own view is that it depends on the person playing the game because certain people can be more influential than others, especially children. I also believe that it is the responsibility of the buyer to know the game that they or their children are playing and to take responsibility for the things that happens within their own household.

The case of Kimble v. Marvel Entertainment, LLC was quite compelling. In this case a man named Stephen Kimble had formulated an idea to create a type of spray that would attach to one’s hand and when operated would simulate something similar to the spider man character. After creating such idea, Kimble decided to go to Marvel Entertainment Inc. to inquire for a deal for Kimble’s patent in exchange for a payment of some kind. This meeting did not result in any deal between the two parties. Although, after the meeting Marvel Entertainment Inc. created a toy with similar characteristics (a device placed upon one’s hand that shot some type of spray). After hearing of the development Kimble sued Marvel for patent infringement.

In Simon Parkin’s article “How Evil Should A Video Game Allow You To Be?”, Parkin tells in great detail how video games allow players to commit violent and obscene offenses. A prime example that he uses many times is Grand Theft Auto V. Parkin argues whether violent crimes like pulling teeth with pliers or having sex with a prostitute and then killing her afterwards belongs in video games. The article explains how these video game creators and distributors are all protected under the First Amendment seeing that video games are a form of entertainment and free speech. Furthermore, Parkin points out that “until we pick up a controller and push buttons to commit these offenses we are merely spectators but then we become participants” (Parkin,

Anyone who has played a video game knows there is a commonality of violence throughout the genres and ratings, because of this there is the ongoing argument that the influence video game violence causes real life violence. In order to curb the growing aggression in today's youth many parents support the idea of regulating children’s access to the video games they blame with the government and lawmakers. However many would argue that games aren’t to blame and, in fact, can help children with social bonding and harmless venting. There really is no solid ruling to support either standing, but should there be laws around the video games accessible to children or should this stay a matter varied by individual opinions?

In the 90’s there was even enough media attention to video game violence that the United States Congress had a hearing on issuing age appropriate labels, much like in movies, to video games to warn parents of the contents of a game. Each of these matters have only helped further tarnish the reputation of video games, and draw worse misconceptions about them.

Identify and discuss these copyright challenges in the modern digital economy using examples from case law.

The introduction of emulators created to play illegally copied Nintendo software represents the greatest threat to date to the intellectual property rights of video game developers. As is the case with any business or industry, when its products become available for free, the revenue stream

According to the speech by Thomas Yih (2010), the assistant president and general counsel, Shanda Games Limited, the developing scale of online gaming in China could be described by numbers, including the number of the broadband users exceeded the entire population of America and the complex annual growth rate of China 's internet users was 36 percent from 2005 to 2009. By the end of this period, the number of online game players in China reached 296 million, occupying more than two thirds of the total internet user in the nation. Not only Shanda Games Limited noticed the big opportunity, but also many commercial subjects has been attracted by its predictable business outlook. Therefore, severe conflicts related to copyright infringement between different companies during the competition convey the significance of protecting copyright in China.

Many infringement claims involve simple cases of copyright infringement where the copying is obvious. Others, however, are more difficult to resolve because copyright protection is not limited to exact copying. It is inevitable that creative and commercial works will take inspiration from the culture at large, and it is often challenging to determine when this "inspiration" has crossed the line into infringement. There also may be a question of whether the allegedly infringed work is even protected by copyright. Unprotected works may include, for example, compilations of facts that lack the requisite creativity to be covered by copyright, or those works that are in the public domain because the copyright term expired.