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Society & Culture
Virtual Legality Episode 243

Contract Law: Good Faith, Fair Dealing, and...Penguins

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1y Jun 9, 2020
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When developer HFM Games released "Penguins Cretins" on Valve's Steam platform, one could be forgiven for not even noticing.

But as it turns out, the story of Penguin Cretins is a story that every gamer should be interested in, as it gives warning signs (and potentially answers for) the world of "games-as-a-service" to come.

Penguins are wonderful, but they can't play soccer...in Virtual Legality.

#GoodFaith #FairDealing #Steam


Discussed in this episode:

"...curious on any input from the potential legal impacts of this situation."
Tweet - June 8, 2020 - Haladmer (@Haladmer)
https://twitter.com/Haladmer/status/1270072081669996544

"Developer Swaps Out Game, Renders Game Unplayable For Purchasers, Valve Does Nothing"
Sentinels of the Store Steam Group Page
https://steamcommunity.com/groups/Sentinels_of_the_Store/announcements/detail/2268072622345212445?tscn=1591634909

"Steam Subscriber Agreement"
https://store.steampowered.com/subscriber_agreement/

"END USER LICENSE AGREEMENTS FOR FINAL FANTASY VII REMASTERED (PC)"
https://store.steampowered.com/eula/39140_eula

"Destiny, Doom, and Denuvo: Making the Things You Love…Worse! (VL225)"
YouTube Video - May 15, 2020 - Hoeg Law
https://youtu.be/JQb48KT1Jus

"What You Should Know about the Implied Duty of Good Faith and Fair Dealing"
American Bar Association - July 26, 2016
https://www.americanbar.org/groups/litigation/committees/business-torts-unfair-competition/practice/2016/duty-of-good-faith-fair-dealing/

"Supreme Court Explains the Implied Covenant of Good Faith and Fair Dealing"
Delaware Corporate & Commercial Litigation Blog - January 28, 2019
https://www.delawarelitigation.com/2019/01/articles/delaware-supreme-court-updates/supreme-court-explains-the-implied-covenant-of-good-faith-and-fair-dealing/

"Early Access Games"
Steam Webpage
https://store.steampowered.com/earlyaccessfaq/?snr=1_5_9_

"Early Access"
Steamworks Documentation
https://partner.steamgames.com/doc/store/earlyaccess


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


Blog: hoeglaw.wordpress.com

PODCAST VERSIONS ALSO AVAILABLE

Table of Contents

Timecode Title
0:00 Introduction
1:23 The Unusual Origin of Penguins Cretins
6:23 The Right to Modify
11:07 Taking Things to Extremes
14:18 Good Faith and Fair Dealing
18:35 The Problem with Early Access
22:42 Conclusion

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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