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Society & Culture
Virtual Legality Episode 97

Announcing…the NBA 2k20 Casino! But is it illegal?

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58 58 views
1y Aug 30, 2019
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With the game industry answering loot box, gambling, violence, and other inquiries from various governments seemingly every day, developer 2k (2k Sports) and parent company Take Two Interactive have decided to..."up the ante" with the latest trailer for this fall's NBA 2k20.

How does the trailer make the game look so much like a neon-soaked gambling establishment?

Why would Take Two push the envelope in this way?

How does the law address digital gambling? How does the ESRB?

And why should everyone involved be concerned that some jurisdictions are now re-examining just what it means to wager "something of value"?

The virtual does sometimes have value...in "Virtual" Legality.

#NBA2k20 #Gambling #VirtualLegality


Discussed in this episode:

"Not Content With Just Loot Boxes, 'NBA 2K20' Has Actual Casino Games"
Vice - August 28, 2019 - Rob Zacny
https://www.vice.com/en_us/article/9k8j5v/at-e3-electronic-arts-threw-its-developers-under-the-bus-over-loot-boxes

Definition of "Bet or Wager"
31 U.S. Code § 5362
(https://www.law.cornell.edu/uscode/text/31/5362)

Terms of Service
Take Two Interactive Webpage - Updated May 8, 2018
https://accounts.2k.com/en-US/legal/terms

LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT
Take Two Interactive Webpage - Updated July 13, 2019
https://www.take2games.com/eula/

Kater v Churchill Downs
9th Cir. 2018
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/03/28/16-35010.pdf

Ratings Guide
ESRB Webpage
https://www.esrb.org/ratings-guide/

Red Dead Redemption 2
ESRB Webpage
https://www.esrb.org/ratings/35888/Red+Dead+Redemption+2/


PODCAST VERSIONS AVAILABLE AT

Spotify: (https://open.spotify.com/show/3qsDhQ7h6BR2wLyNQYDWB4)

iTunes:
(https://itunes.apple.com/us/podcast/virtual-legality/id1448785539?mt=2)

SoundCloud:
(https://soundcloud.com/user-510342404)

Google Play Music:
(https://play.google.com/music/listen#/ps/In3d7qersx72lvzehxo7gu6cd5u)


"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).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

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.

Any and all feedback is appreciated. Let us know what you think!


Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

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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