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1 Answer | Asked in Copyright, Gaming and Trademark 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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0 Answers | Asked in Entertainment / Sports, Gaming and Small Claims for Missouri on
Q: Can somebody take legal action against me if I post a 30 second clip on PlayStation with them in the game with me?

I have been posting short videos on YouTube as a hobby, and most of them are 30 second PlayStation clips I’ve taken from my matches in games. One of these clips has my friend in it, and the game says his username that he doesn’t even go back anymore in the corner. We aren’t friends anymore,... View More

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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0 Answers | Asked in Gaming for Pennsylvania on
Q: An online casino is asking for credit card documents not associated with my account cause I am using gift cards

They want proof I purchased the gift cards. I don’t think it would be legal for them to ask for cards that are not associated with the account.

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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1 Answer | Asked in Gaming for Ohio on
Q: What should I do?

Played in a gaming tournament and won the tournament rules state "Prizes will be awarded within 30 days''. I call support they say that the internal rules state "prizes will be awarded within 90 days". I've ask to see the internal rules multiple times but I've been denied.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

How much money are we talking about? If they are going to be late in paying by 60 days it is probably not worth a suit. If they don't pay after the 90 days then consider serving a demand letter.

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
James L. Arrasmith
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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

0 Answers | Asked in Contracts, Criminal Law, Entertainment / Sports 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

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

0 Answers | Asked in Gaming for Pennsylvania on
Q: I work for a nonprofit. We want to run a ln online 50/50 raffle but want to make sure legal in Pennsylvania

Redland girls softball association. Website we’d be using is Raffle Now

0 Answers | Asked in Gaming for Pennsylvania on
Q: What are laws for online 50/50 raffle for 501c? Girls softball program wants to run 50/50 raffle .

What are laws for online 50/50 raffle for 501c?

Girls softball program wants to run 50/50 raffle . Pennsylvania asks for gaming license. Is this needed?

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

James L. Arrasmith
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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 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

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