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1 Answer | Asked in Copyright, Gaming, Trademark and Intellectual Property on
Q: Can I use "It's Dangerous to go alone! Nimm das!" in an image for my fiverr gig
James L. Arrasmith
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answered on Apr 16, 2024

It's best to be cautious about using that exact phrase in an image for your Fiverr gig. "It's dangerous to go alone! Take this!" is an iconic line from the 1986 Nintendo game The Legend of Zelda. Nintendo owns the copyright on the game's text.

Using a direct quote,...
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1 Answer | Asked in Tax Law, Gaming and Gov & Administrative Law for Georgia on
Q: Sell item with receipt enter for a drawing for a camper

Have individual purchase knife for $50, enter contact info on receipt for a drawing for a camper. 350 knives to sell and then hold live drawing for winner. Would be receiving an item (knife) and could enter if choose for camper? So not a raffle because purchasing an item, not a lottery since... View More

James L. Arrasmith
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answered on Apr 12, 2024

Based on the scenario you described, there are a few potential legal considerations to keep in mind:

1. Lottery laws: Even though the participants are purchasing a knife, the opportunity to win a camper could still be considered a lottery if it involves the three elements of prize, chance,...
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2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for New York on
Q: I want to create a website that hosts fantasy football contests for money. Is this legal?

I want to host survivor pools (contestants pick a winner of an NFL game each week) and season long contests (contestants will create a lineup each week picking from a pool of NFL players, accumulating a score correlating to how the NFL player performs that week). Is this legal? Are these... View More

Eddie Burnett
Eddie Burnett
answered on Apr 3, 2024

Many states have laws specifically addressing gambling. Some have exceptions for "games of skill," but the definitions and interpretations vary. In most states, to avoid gambling issues, there have to be no entry fees and prizes must be predetermined and not based on entry fee totals.

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2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for New York on
Q: I want to create a website that hosts fantasy football contests for money. Is this legal?

I want to host survivor pools (contestants pick a winner of an NFL game each week) and season long contests (contestants will create a lineup each week picking from a pool of NFL players, accumulating a score correlating to how the NFL player performs that week). Is this legal? Are these... View More

James L. Arrasmith
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answered on Apr 6, 2024

The legality of hosting fantasy football contests for money depends on the specific laws of the jurisdiction where you plan to operate the website. In the United States, the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006 includes a carve-out for certain fantasy sports contests, deeming... View More

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1 Answer | Asked in Gaming and Intellectual Property for California on
Q: I am in possession of an unreleased video game and I was wondering if I would be open to any legal risk if I sold it.

The game based on a canceled, then revived TV show. I left the company when they filed for chapter 11 bankruptcy in 2012. The game has never been released to my knowledge and I was wondering if I would be open to any legal risk if I sold my copy on Ebay.

Thank you

James L. Arrasmith
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answered on Mar 27, 2024

Selling unreleased intellectual property can pose significant legal risks, particularly if the material is protected by copyright or trade secrets. Even if the company has filed for bankruptcy, the rights to the video game may have been transferred to another entity or could be part of the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Gaming for California on
Q: hey.i want to know whats the consequences for operating an unlicensed casino online in california by an american
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answered on Mar 27, 2024

Operating an unlicensed online casino in California can lead to severe legal consequences. Since gambling laws are strictly enforced in the United States, especially in states like California, engaging in such activities without proper authorization can result in criminal charges. This may include... View More

1 Answer | Asked in Consumer Law and Gaming on
Q: I want to sue a company. If the company banned me wrong and don’t pay me the payment supposed to be

The company is the esport money mobile games bases on skilled . I did nothing wrong with the term and rules but they blamed me on ridiculous things to banned me and not pay me the money . I do have all the evidence to prove that I did nothing wrong but they don’t want to listen. I try everything... View More

James L. Arrasmith
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answered on Mar 23, 2024

In your situation, the jurisdiction for filing a lawsuit can be complex since it involves international elements. Generally, you can file a lawsuit in the location where the defendant (the company) is based or where the breach occurred, which could be where you used the service, in this case,... View More

1 Answer | Asked in Copyright, Gaming and Intellectual Property for Arizona on
Q: if I make a game that’s very… similar to Grand Theft Auto. And I name it “No auto” is this copyright and can I be sued?
James L. Arrasmith
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answered on Mar 11, 2024

If you create a game that is very similar to Grand Theft Auto and name it "No Auto," you could potentially face legal issues related to copyright infringement and trademark infringement. Here's why:

1. Copyright Infringement: If your game copies substantial elements from...
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1 Answer | Asked in Civil Rights, Constitutional Law, Gaming and Consumer Law for California on
Q: Can a Indian casino kick you out with no reason given after never have any type of misconduct and banned you for life?

And send me a letter with my personal information to my house , the letter had my birth information and more over the letter states that I refused to sign the document , which I never saw it before and I have a witness who was with me since we step out of my house

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answered on Mar 1, 2024

In California, Indian casinos operate under the sovereignty of their respective Native American tribes, which means they have their own rules and regulations independent of state laws but within the framework of federal regulations and tribal-state compacts. This sovereignty allows them to enforce... View More

1 Answer | Asked in Gaming and Internet Law for Alabama on
Q: Despite a no-refund policy, is it legal to refuse a refund for underperforming cloud gaming on gigabit internet?

My connection is perfect, yet the cloud gaming software almost makes me sick it's so laggy. I can use other cloud gaming software just fine. They are refusing to refund me, even though I've proven the issues exist. Is it legal to deny a refund? If so, which law? They are based in France,... View More

James L. Arrasmith
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answered on Feb 28, 2024

In situations where a product, including cloud gaming services, underperforms despite the consumer having the necessary technical setup, the legality of refusing a refund can be complex. It largely depends on the terms of service agreed upon at the time of purchase and the consumer protection laws... View More

1 Answer | Asked in Gaming, Civil Rights and Entertainment / Sports for Mississippi on
Q: CAN I SUE A CASINO FOR MENTAL ABUSE, BRAINWASHING, MIND CONTROL, FOR PAIN AND SUFFERING FROM LOSING EVERYTHING I OWN?
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answered on Feb 24, 2024

While it may be emotionally distressing to lose everything you own at a casino, suing the casino for mental abuse, brainwashing, or mind control for pain and suffering is unlikely to be successful. Casinos operate within the bounds of the law and provide warnings about the risks of gambling.... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Gaming and Intellectual Property for Illinois on
Q: Can I use a short clip of a video game being played on a Nintendo Switch with audio for a total of 3secs in short film?

Film will be entered in film festivals

James L. Arrasmith
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answered on Feb 21, 2024

Using a short clip of a video game being played on a Nintendo Switch in your short film may raise copyright concerns, even if it's only for three seconds. Nintendo is known for being vigilant in protecting its intellectual property rights, including the use of its video game footage. While... View More

1 Answer | Asked in Gaming, Copyright and Intellectual Property on
Q: Can I use game footage in a project for a film competition?

I would like to participate in a film contest - I have a booktrailer to make. Fortunately for me, the book I want to describe has a game adaptation. Can I use clips from the game and ultimately show the book and its author as part of this project? The main goal of the contest is to popularize the... View More

James L. Arrasmith
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answered on Feb 21, 2024

Using game footage in your project for a film competition raises potential copyright issues. While your goal is to promote the book, incorporating clips from the game adaptation could infringe on the game developer's copyright. Even if your intention is to popularize the book, using... View More

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: The game that I've created has many businesses that reflect real businesses. Logos and names changed. Is this legal?

I'm a Game Developer and my game contains many businesses that reflect those of real life. For example, there is a fast food restaurant called TFC that has a black and white logo of a cowboy. This virtual location looks similar to KFC, using a similar font and color pattern. Will I get in... View More

James L. Arrasmith
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answered on Feb 21, 2024

Using businesses in your game that closely resemble real-life businesses, including logos and names changed, can potentially raise legal issues related to trademark infringement and intellectual property rights. While your game may not be centered around these establishments, if the similarities... View More

1 Answer | Asked in Gaming, Intellectual Property and Internet Law on
Q: If I create a map/world inside someone else's game with someone else's tools, Am I still entitled to the map/world?

I am using a Game and Save/Load System from another group.

I am using a Building system used in this game which is also made by a third party.

I am the sole person working on this map/world with no outside help.

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answered on Feb 5, 2024

Creating content within someone else's game, using their tools and systems, places your work under specific legal and contractual constraints determined by the terms of service or end user license agreement (EULA) of the game and tools you are using. Typically, these agreements specify that... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Gaming, Trademark and Intellectual Property for Florida on
Q: can I use an unrecognizable video game character to hit a block similar to Mario Bros?

On my website I'd like to have an unrecognizable character jump up and strike a block having an item come out of the block. The motion would be similar to the Mario bros. Would this create any copyright issues with Nintendo?

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answered on Feb 1, 2024

Using an unrecognizable character in a video game-like scenario, where the character jumps and hits a block to release an item, may still raise potential copyright issues with Nintendo or other video game companies. While the character itself may not be recognizable as a specific copyrighted... View More

2 Answers | Asked in Consumer Law, Federal Crimes, Gaming and Internet Law for California on
Q: I am a part of a prize-linked banking app and one of the products they offer is stealing tickets.

For this app, for every dollar you save with them you get one ticket per day. Then you can use those tickets in a variety of ways. One of the ways is on a daily prize wheel. Each spin says it costs 1500 tickets but pretty regularly (about once per 5 spins or so) it takes 2500 tickets. I noticed... View More

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answered on Feb 1, 2024

To address concerns related to the prize-linked banking app potentially manipulating ticket counts and engaging in unfair practices, you should seek an attorney experienced in consumer protection or class-action lawsuits. Consumer protection attorneys specialize in cases involving deceptive or... View More

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1 Answer | Asked in Gaming for California on
Q: What exactly counts as gambling? is it gambling if my school does a raffle, prize giveaway, bingo or anything similar?

Were trying to raise money for our theatre program but are unsure on what exactly the gambling laws in Maryland are.

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answered on Jan 30, 2024

In the context of California law, gambling involves wagering on the outcome of a game or event where chance rather than skill primarily determines the result, and where participants risk something of value for the chance to win a prize. Activities like raffles, prize giveaways, and bingo can fall... View More

1 Answer | Asked in Gaming for California on
Q: Friends of mine argue that AB 2571 california is the cause todays video games can no longer have real weapon names.

Is this true? That it only applies to video game developers based in california.

James L. Arrasmith
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answered on Jan 28, 2024

AB 2571, passed in California, primarily focuses on advertising or marketing firearms to minors, not specifically on video game content. While this law might impact how firearms are advertised or marketed, it doesn't directly dictate the use of real weapon names in video games.

The...
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1 Answer | Asked in Civil Rights, Criminal Law, Gaming and Small Claims for California on
Q: should i file a police report for a nintendo switch that i let one of my old friends borrow but ended up selling for alc

my old friend borrowed my switch which i said he could until he finished the game. he let his daughter play on it but then i later found out he ended up selling my nintendo switch to buy alcohol (he’s known for being an alcoholic within his family/friends). i got that switch for $250 and owned... View More

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answered on Jan 21, 2024

Under California law, the unauthorized sale of property that has been entrusted to someone else for a specific purpose can potentially be considered theft. In your case, since you lent the Nintendo Switch to your friend with the understanding that it would be returned after use, and instead he sold... View More

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