The Arcade 2.0™
Video Game Law Blog

The Arcade “2.0” is a recognition that the simple legal issues that once walked hand-in-hand with a traditional video arcade have now been displaced by sophisticated, complex legal issues ranging from patenting the algorithms that allow video games to operate, attempted regulation by State legislatures of gaming content that is protected speech under the First Amendment, to money laundering by using virtual currency.

The Implications of Classifying Esports as a Sport

Braxton Padgett Tuesday, 09 January 2018
Banner for blog, The Implications of Classifying Esports as a Sport  - Watson LLP
Due in part to the rise of online streaming platforms, competitive gaming, commonly called esports, has exploded over the past decade. The emergence of the industry has roused debate about whether esports should be considered a sport. Particularly those heavily involved in the industry believe that esports have much in common with traditional sports and should be classified as such. Those on the other side of the argument often point to the lack of physical exertion as a reason to avoid classify...
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Appeals Court Finds that Plaintiffs Lack Standing in Lawsuit Against Game Developer Over Face Scanning Technology

Braxton Padgett Tuesday, 19 December 2017
Banner for blog, Appeals Court Finds that Plaintiffs Lack Standing in Lawsuit Against Game Developer Over Face Scanning Technology - Watson LLP
Making a player feel like they are truly immersed in a video game is the winning formula for any developer. In recent years, some developers have taken this notion a step further by integrating face and body scanning technologies into their games, allowing players to insert an avatar of themselves into the game world. Not everyone has been enthused by this novel technology though, as some people have expressed concerns over what developers are doing with the biometric data they're collecting on ...
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Video Game Company Targets Cheaters Under a Theory of Copyright Infringement

Braxton Padgett Tuesday, 28 November 2017
Banner for blog, Video Game Company Targets Cheaters Under a Theory of Copyright Infringement - Watson LLP
"Nobody likes a cheater. And nobody likes playing with cheaters." While these words might sound like something a parent would say to their child, it's actually a line from a series of complaints that Epic Games recently filed in federal court against several individuals. The defendants in these cases have been accused of cheating in the video game Fortnite, which Epic Games develops. Cheating is nothing new in video games, but it has progressively become a problem for game developers that are at...
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FTC Moves to Ensure Online Influencers Make Proper Disclosures

Braxton Padgett Friday, 24 November 2017
Banner for blog, FTC Moves to Ensure Online Influencers Make Proper Disclosures - Watson LLP
The rise of social media platforms has given birth to internet personalities who often have considerable influence over their followers. Many personalities can harness this influence to gain advertising dollars by endorsing certain brands. However, online personalities can violate Federal Trade Commission ("FTC") rules by failing to disclose their ties with companies whom they endorse. Last year, the founders of CSGO Lotto experienced firsthand the potential consequences of failing to make prope...
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The Changing Relationships within Esports: Know Your Legal Rights

Braxton Padgett Tuesday, 07 November 2017
Banner for blog,  The Changing Relationships within Esports: Know Your Legal Rights - Watson LLP
Once regarded as a niche endeavor, the world of esports is increasingly becoming a part of mainstream culture. Thanks largely to a thriving esports industry in South Korea and the rise of accessible streaming platforms such as Twitch.tv, the last decade has seen an incredible surge in viewership. Esports events, such as Dota 2's The International, pull in millions of viewers each year excited to root for their favorite team. But as esports has found its footing, the industry has begun to reasses...
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The Implications Of The First Amendment On Augmented Reality Games

Braxton Padgett Monday, 23 October 2017
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While certainly not the first application to use the technology, the 2016 summer sensation Pokemon Go brought augmented reality gameplay to the forefront of the American consciousness. Augmented reality games utilize the camera of a device, such as a cellphone, to overlay images on top of the real world and create the impression that the images are actually there. In the case of Pokemon Go, developer Niantic, Inc. utilizes augmented reality technology to scatter virtual creatures called Pokemon ...
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Invasion of Privacy Claims of Professional Athletes: Public Figures Have Rights, Too

Ronika Carter Tuesday, 04 April 2017
Banner for blog, Invasion of Privacy Claims of Professional Athletes: Public Figures Have Rights, Too - Watson LLP
The right to privacy is deeply rooted in American jurisprudence. By and large, many of the privacy protections to which we are entitled, are provided by state statutes. For invasion of privacy claims, public figures have always been held to a higher standard, as courts are reluctant to permit the selective acceptance of publicity, after one has availed themselves of the public spotlight. However, public figures are not completely without rights to privacy, and under certain circumstances, may su...
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Exceptions to Patent-Eligibility Requirements Create Uncertainty in the Value of Patents

Ronika Carter Tuesday, 10 January 2017
Banner for blog, Exceptions to Patent-Eligibility Requirements Create Uncertainty in the Value of Patents - Watson LLP
You played your cards right, so to speak. After developing your cutting-edge technology, you took the precaution of filing for, and obtaining a patent to protect your asset. Initially, everything seemed to be going according to plan, but then someone decided to infringe upon your company's patented technology. While the infringement is somewhat unsettling, you don't lose any sleep over it because you invested the resources necessary to obtain legal protection for your work, but what would you do...
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Universities are Working Harder to Define and Enforce Trademark Rights

Ronika Carter Tuesday, 17 January 2017
Banner for blog, Universities are Working Harder to Define and Enforce Trademark Rights  - Watson LLP
The protection of assets is of the utmost importance to the successful operation of any enterprise, and intellectual property rights (especially trademark rights) are often proven to be among the most valuable of all assets. Consequently, it should come as no surprise that many universities are going to great lengths to protect these assets, but protecting these rights may not be as simple as one might think. Not only must applications be prepared, filed, and approved to obtain trademark rights ...
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Principles of Federalism Are At Play In Fantasy Sports

Ian Ball Thursday, 31 March 2016
Banner for blog, Principles of Federalism Are At Play In Fantasy Sports - Watson LLP
Although the undisputed leaders of the daily fantasy sports industry, DraftKings and FanDuel, routinely compete against one another to acquire participants for their respective daily fantasy sports contests, they now find themselves on the same team in a different fight: the obstacles of federalism. Each state has differing regulations concerning the operation of daily fantasy sports within their borders. Due to the heightened scrutiny now on daily fantasy sports following legal action by the Ne...
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Daily Fantasy Sports May Not Be Able to Operate in Certain States

Ian Ball Tuesday, 08 March 2016
Banner for blog, Daily Fantasy Sports May Not Be Able to Operate in Certain States - Watson LLP
Daily fantasy sports, or DFS, is a multibillion-dollar industry whose legality is under scrutiny in several states across America. The industry leaders of DFS are DraftKings Inc. and FanDuel Inc. Currently, these companies are fighting certain states for the right to operate within their borders. Critics of DFS view the activity as illegal gambling and want the states to regulate DFS accordingly. Proponents of DFS assert that the activity is a contest of skill, not chance, therefore DFS does not...
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An Effective Terms of Service Agreement Prevents the Loss of Virtual Currency or Virtual Goods in Video Games From Creating a Real World Cause of Action

Coleman Watson Thursday, 28 January 2016
Banner for blog, An Effective Terms of Service Agreement Prevents the Loss of Virtual Currency or Virtual Goods in Video Games From Creating a Real World Cause of Action - Watson LLP
Litigants are well accustomed to receiving money damages for physical and economic injuries from a variety of torts that occur each day in the "real world"; but with the emergence of the Digital Age, litigants are now faced with issues of a different dimension, including what happens when their injury is not only intangible, but also occurs in the virtual world. This was the issue recently raised in the case of Mia Mason v. Machine Zone, Inc., No. 1:15-cv-01107, 2015 WL6335771 (D. Md. Oct. 20, 2...
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About Us

Watson LLP is a United States based law firm practicing in the areas of intellectual property, entertainment law, litigation, government investigations, and eDiscovery. The firm has offices in Atlanta, Los Angeles, New York, and Orlando. For more information, please visit www.watsonllp.com.

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