{"title":"Video games are magic","authors":"","doi":"10.4337/ielr.2022.01.00","DOIUrl":"https://doi.org/10.4337/ielr.2022.01.00","url":null,"abstract":"","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70719192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The protectability of game mechanics: some enlightenment from China’s perspective","authors":"","doi":"10.4337/ielr.2022.01.02","DOIUrl":"https://doi.org/10.4337/ielr.2022.01.02","url":null,"abstract":"","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70719358","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Taxes in video games: overview, purposes, relevance","authors":"","doi":"10.4337/ielr.2022.01.04","DOIUrl":"https://doi.org/10.4337/ielr.2022.01.04","url":null,"abstract":"","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70719574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Streaming and on-demand entertainment content on new media platforms exposes viewers to gambling as influencers leverage audience’s trust within an insufficiently regulated industry. This article covers instances of influencers directing undisclosed endorsements for gamer gambling services to their audience, highlighting the presence of both inherent risk and of the need to regulate. On regulation, this article provides an evaluation of the regulatory framework already in place and whether consumers are sufficiently protected against deceptive advertising. It establishes a connection between undisclosed endorsements and unregulated gambling, in some cases involving minors. Lastly, it provides a thorough analysis on the effectiveness of the current regulatory framework as enforced by the FTC in the US and European influencer marketing legislation. This includes a discussion on the limitations of competent authorities to regulate in time juxtaposed by the strong interests of stakeholders within the gaming industry.
{"title":"Deceptive advertising and its connection to unregulated gambling in the gaming industry","authors":"Zoi Potolia","doi":"10.4337/ielr.2021.02.03","DOIUrl":"https://doi.org/10.4337/ielr.2021.02.03","url":null,"abstract":"Streaming and on-demand entertainment content on new media platforms exposes viewers to gambling as influencers leverage audience’s trust within an insufficiently regulated industry. This article covers instances of influencers directing undisclosed endorsements for gamer gambling services to their audience, highlighting the presence of both inherent risk and of the need to regulate. On regulation, this article provides an evaluation of the regulatory framework already in place and whether consumers are sufficiently protected against deceptive advertising. It establishes a connection between undisclosed endorsements and unregulated gambling, in some cases involving minors. Lastly, it provides a thorough analysis on the effectiveness of the current regulatory framework as enforced by the FTC in the US and European influencer marketing legislation. This includes a discussion on the limitations of competent authorities to regulate in time juxtaposed by the strong interests of stakeholders within the gaming industry.","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44986746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Augmented reality (AR) refers to a type of technology in which a digital overlay can be added to the real world in order to present the viewer with aspects of both reality and a virtual world. Virtual reality (VR) environments consist of a computer-generated, three-dimensional, virtual world. However, in contrast to augmented reality technology these environments are self-contained, and do not allow users to interact directly with the real world around them. 1 This article will explore the current status of protection for AR and VR art in relation to moral rights drawing from three jurisdictions: France, the United Kingdom and the United States.
{"title":"Augmented and virtual reality art: a new frontier of legal protection","authors":"O. Jean-Baptiste","doi":"10.4337/ielr.2021.02.02","DOIUrl":"https://doi.org/10.4337/ielr.2021.02.02","url":null,"abstract":"Augmented reality (AR) refers to a type of technology in which a digital overlay can be added to the real world in order to present the viewer with aspects of both reality and a virtual world. Virtual reality (VR) environments consist of a computer-generated, three-dimensional, virtual world. However, in contrast to augmented reality technology these environments are self-contained, and do not allow users to interact directly with the real world around them. 1 This article will explore the current status of protection for AR and VR art in relation to moral rights drawing from three jurisdictions: France, the United Kingdom and the United States.","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48563443","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Throughout recent years Russia has developed a strong anti-piracy and site blocking laws which claim to become effective tools against an ongoing issue of video game piracy. Thousands of pirate torrent indexing websites, illegal marketplaces with unauthorized digital goods and in-game values are shut down yearly by video game right holders in order to prevent illegal content consumption. Torrent sites loose up to 90% of traffic quickly after blocking measures are implemented. However, if the law is too good to be true, it most probably is. The strict domain-specific site blocking approach has been an ongoing issue and an obstacle for right holders to tackle site blocking circumvention tools from Russia. Most pirate sites hop to a new domain name after the right holder obtains first content-removal order making it impossible to sue the website for repeated copyright infringement. The dynamic site blocking approach developed within European case law and best practices may become a potential solution to this problem.
{"title":"Protecting video games against online copyright infringement: a Russian approach to site blocking","authors":"A. Kuzmina","doi":"10.4337/ielr.2021.02.04","DOIUrl":"https://doi.org/10.4337/ielr.2021.02.04","url":null,"abstract":"Throughout recent years Russia has developed a strong anti-piracy and site blocking laws which claim to become effective tools against an ongoing issue of video game piracy. Thousands of pirate torrent indexing websites, illegal marketplaces with unauthorized digital goods and in-game values are shut down yearly by video game right holders in order to prevent illegal content consumption. Torrent sites loose up to 90% of traffic quickly after blocking measures are implemented. However, if the law is too good to be true, it most probably is. The strict domain-specific site blocking approach has been an ongoing issue and an obstacle for right holders to tackle site blocking circumvention tools from Russia. Most pirate sites hop to a new domain name after the right holder obtains first content-removal order making it impossible to sue the website for repeated copyright infringement. The dynamic site blocking approach developed within European case law and best practices may become a potential solution to this problem.","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43223423","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Gaetano Dimita, J. Festinger, Yin Harn Lee, Michaela MacDonald, M. Mimler
{"title":"Wellbeing, mental health, and video games: a shifting narrative from player to industry perspective","authors":"Gaetano Dimita, J. Festinger, Yin Harn Lee, Michaela MacDonald, M. Mimler","doi":"10.4337/ielr.2021.02.00","DOIUrl":"https://doi.org/10.4337/ielr.2021.02.00","url":null,"abstract":"","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44729808","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article aims at demonstrating how and why registered Community designs should be integrated into the video game industry's intellectual property strategy. Although the validity of virtual designs has not yet been tested before courts, registered designs adequately address the issue of clone gaming faced by the industry. Some minor changes to the EU legal framework could contribute to balancing out the perceived legal uncertainty surrounding this intellectual property right.
{"title":"Registered Community designs in the video game industry: a neglected yet potent tool","authors":"Emmanuelle Sarlangue","doi":"10.4337/ielr.2021.0002","DOIUrl":"https://doi.org/10.4337/ielr.2021.0002","url":null,"abstract":"This article aims at demonstrating how and why registered Community designs should be integrated into the video game industry's intellectual property strategy. Although the validity of virtual designs has not yet been tested before courts, registered designs adequately address the issue of clone gaming faced by the industry. Some minor changes to the EU legal framework could contribute to balancing out the perceived legal uncertainty surrounding this intellectual property right.","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43154586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
: 2019 has seen loot boxes remain a prime target of concern for regulators, legislators and industry bodies alike, yet despite the work carried out in the Gambling Regulators European Forum in this regard, there have been no substantial efforts to develop a common EU response to date. This article aims to argue that such inaction at a European level is unsatisfactory from both the perspective of the European consumer and games companies alike, while highlighting that any broad regulatory attempts to limit loot boxes to date should be viewed with scepticism. Having examined the three main approaches that could form the basis of a common EU response (gambling law, self-regulation and consumer law) that could deal with some of the issues that national fragmentation in the field have presented to date, it is submitted that a hybrid system, which draws together principles from these three main approaches, can strike the right level of balance between protecting innovative monetization systems for developers, whilst safeguarding consumers from practices deemed to be ‘ predatory ’ .
{"title":"Limiting the loot box: overview and difficulties of a common EU response","authors":"Peter Honer","doi":"10.4337/ielr.2021.01.04","DOIUrl":"https://doi.org/10.4337/ielr.2021.01.04","url":null,"abstract":": 2019 has seen loot boxes remain a prime target of concern for regulators, legislators and industry bodies alike, yet despite the work carried out in the Gambling Regulators European Forum in this regard, there have been no substantial efforts to develop a common EU response to date. This article aims to argue that such inaction at a European level is unsatisfactory from both the perspective of the European consumer and games companies alike, while highlighting that any broad regulatory attempts to limit loot boxes to date should be viewed with scepticism. Having examined the three main approaches that could form the basis of a common EU response (gambling law, self-regulation and consumer law) that could deal with some of the issues that national fragmentation in the field have presented to date, it is submitted that a hybrid system, which draws together principles from these three main approaches, can strike the right level of balance between protecting innovative monetization systems for developers, whilst safeguarding consumers from practices deemed to be ‘ predatory ’ .","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47821233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}