As the gaming industry moves towards devoting more resources to "Games as a Service" and "live game" products, there are great discussions to be had around how to preserve these naturally temporary experiences.
When Youtuber Accursed Farms put out a video claiming that, by their very nature, service-based games were fraudulent as part of that discussion, we were contacted by a number of folks asking for a response.
And while we think it's always a good thing for folks to engage on topics like these, we thought that another perspective was in order.
So let's dive in.
What is "Games as a Service" and why does the negative definition proposed by Accursed Farms frame the argument unhelpfully?
What is fraud, and why does its intention requirement effectively preclude it from being asserted when rules, contract terms, and the law are ambiguous?
Why does the disclosure put forth on the back of the game box, and website, and network store, and EULA, matter, and how does it affect claims of deception?
Why does legal precedent not work in the way Accursed Farms suggests, and why is intellectual property law so murky to begin with?
Why do businesses not already use the contract terms at their disposal against their customers?
Why should we be reticent about using the law against things we don't like?
How does incendiary language limit the effectiveness of argument?
How can we best protect the products of the industry that we love?
And much, much more...
Get ready for the longest Virtual Legality yet.
FOR MORE ON PRESERVATION AND EULAS:
"Virtual Legality #43 - It Belongs in a Museum! DriveClub and the War for Gaming's Future"
#GamesAsAService #GaaS #VirtualLegality
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"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)
Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050
|2:30||"Electronic Arts says the old way of releasing games doesn't work anymore" PCGamer - May 7, 2019 - Andy Chalk (https://www.pcgamer.com/electronic-arts-says-the-old-way- of-releasing-games-doesnt-work-anymore/)|
|19:07||"Xbox Live’s new standards try to define acceptable trash talk" Polygon - May 2, 2019 - Owen Good (https://www.polygon.com/2019/5/2/18527220/xbox-live-community-standards-update-toxic-behavior-harassment)|
|22:43||"Community Standards for Xbox (https://www.xbox.com/en-US/Legal/Community-Standards)|
|28:25||"Microsoft Services Agreement" Updated May 1, 2018 (https://www.microsoft.com/en-us/servicesagreement)|
|56:15||Electronic Arts "Legal" Terms (https://www.ea.com/legal#1)|
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.