Plattsburgh, NY asked in Consumer Law, Entertainment / Sports, Gaming and Small Claims for New York

Q: If compulsory censorship happens to a digital good, artbook or game AFTER a sale. is that effectively theft?

2 Lawyer Answers
T. Augustus Claus
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A: Compulsory censorship of a digital good, such as an artbook or a game, after a sale may not be considered theft in the legal sense, but it could potentially lead to other legal issues or breaches of contract, depending on the circumstances and the terms of the sale or licensing agreement.

If a digital good is purchased with certain expectations, such as specific content or features, and those expectations are not met due to post-sale censorship, it could potentially lead to claims of breach of contract or false advertising, depending on the applicable laws and regulations in your jurisdiction.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: If the censorship arose out of circumstances beyond the control or knowledge of the seller, such as more stringent standards materializing out of new interpretations of the First Amendment, it might be a constitutional law issue more than a matter of theft, fraud, or misrepresentation. An attorney could offer a more definitive analysis with additional details. Good luck

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