California Gaming Questions & Answers

Q: Will they find out I’m underage by matching my real ssn to my fake California ID?

1 Answer | Asked in Criminal Law, Gaming and Social Security for California on
Answered on Sep 27, 2018
Dale S. Gribow's answer
more info needed.

it would be speculation on my part since i handle DUI and Accidents.

maybe contact a local lawyer that deals with this issue.

your appearance would be more of a tip off than SSN

Q: How would I go about obtaining ownership of this trademark?

2 Answers | Asked in Consumer Law, Contracts, Copyright and Gaming for California on
Answered on Sep 19, 2018
Timur Akpinar's answer
If you're looking for input from a trademark attorney, the question might be more likely to be picked up by posting it in the Trademark section.

Q: Making money from video games in public places.

1 Answer | Asked in Business Law, Gaming, Copyright and Intellectual Property for California on
Answered on Jun 24, 2018
John Espinosa's answer
The owners of the legal rights of those games would probably not take kindly to you infringing on those rights and profiting from it. Their rights are enforceable internationally. Your best bet is to reach out to the owners and ask for permission to do this.

Q: Can a bar in ca offer pre packaged marajuana items from a legal dispensary as prizes in a skill game machine

1 Answer | Asked in Business Law and Gaming for California on
Answered on Jun 24, 2018
Thomas A. Grossman's answer
I don't know the answer, but I would guess that it depends on 1) the skill game machine; 2) whether the sate where the Bar is allows the sale of marijuana; and 3) whether the Bar allows such a prize to be given to a minor. That's the best I can do.

Q: Can I force Sony to delete my personal data in messages on their system?

1 Answer | Asked in Consumer Law, Gaming and Internet Law for California on
Answered on Jun 12, 2018
William John Light's answer
Your personal data, in all likelihood, belongs to Sony. As a result, you are asking if there is a way to force Sony to delete its own property, which you consented to it giving to it. I doubt that is possible.

Q: I want to know if I can sue a mobile game app.

1 Answer | Asked in Gaming and Entertainment / Sports for California on
Answered on Apr 3, 2018
Jason Brooks' answer
The beauty (and more often, the detriment) of our American legal system is that anyone can sue somebody for anything -- the more pertinent question to ask here is: Do I have a *legitimate* lawsuit against this mobile developer for their allegedly unfair/deceptive business practices? To that, the answer is... maybe. If you were to file a lawsuit, AND find actual evidence through the Discovery process that supports your theory, then yes you could stand to win big. But the harsh reality is...

Q: I own a gaming website that blogs and reviews to promote gaming companies.

1 Answer | Asked in Entertainment / Sports and Gaming for California on
Answered on Mar 27, 2018
Carrie A. Ward's answer
You will need permission from the gaming companies to use images of their game that you are using in a promotional context. Taking screenshots from your own game and then using them for commercial purposes is not advisable.

Q: Question about "Customer Appreciation Giveaways"

1 Answer | Asked in Consumer Law, Business Law and Gaming for California on
Answered on Dec 22, 2017
Julie King's answer
Just avoiding the use of the words “raffle” and “sweepstakes” doesn’t help your situation one way or the other. The law would look at the way the contest operates. If people have to buy something in order to get a chance to win, it’s generally considered a lottery, which only the state can do. That’s why contests almost always say people can fill out a form and enter with NO PURCHASE NECESSARY. You can have people come into your store to fill out a form, so at least you get them...

Q: Can I use Albert Einstein's name and picture in a math game I'm making?

1 Answer | Asked in Products Liability, Civil Litigation, Gaming and Intellectual Property for California on
Answered on Nov 27, 2017
Robert Philip Cogan's answer
Albert Einstein's image has been established as a protectable property. It is likely that a license would be required. The cost may fit within your margins and may make the game more desirable. One prudent course is to engage an attorney to contact the rights proprietor.

Q: A contest ran with a deadline offering a cash prize, received many entries, & never picked/paid a winner. Is this legal?

1 Answer | Asked in Consumer Law, Contracts, Gaming and Internet Law for California on
Answered on Oct 11, 2017
William John Light's answer
No, it's not legal and it violates YouTube's own rules.

https://support.google.com/youtube/answer/1620498?hl=en

You can file a complaint with the California Attorney General. https://oag.ca.gov/contact/consumer-complaint-against-business-or-company

Q: Can my former employer force me to remove images of a video game I've worked on from my online portfolio?

1 Answer | Asked in Copyright, Gaming and Employment Law for California on
Answered on Sep 12, 2017
Robert Philip Cogan's answer
To the extent that the question lays out facts, it appears that you created the images as part of your employment. There is a good chance that the employer owns the copyright in the images. You may wish to ask the employer if you can use the images along with an acknowledgement of the employer's ownership (if indeed that is the case).

See the disclaimer at the bottom of this page.

Q: I wanna write a book/make a game about a non-english song. Do I need to get copyright permissions or can I just credit?

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Trademark for California on
Answered on Jul 17, 2017
Robert Philip Cogan's answer
A true answer would require review of the original material and a more precise description of exactly what you are doing. You would have to consult an attorney.

Here are a couple of observations. Crediting the original creators means that you are not a plagiarist. However, the credit could be viewed as a statement that you have copied the work.

Copyrights generally cover translations of the original.

Copyrights generally cover the lyrics separately as well as in the...

Q: Can I include images of video games in my monetized blog?

1 Answer | Asked in Entertainment / Sports, Gaming, Intellectual Property and Internet Law for California on
Answered on Mar 30, 2017
Ali Shahrestani, Esq.'s answer
This may qualify as an exception if you're writing comments and critiques about the games, and if you're providing attribution to the copyright holder. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...

Q: I was injured at an Indian Casino in Northern CA. It was a slip and fall having head injury-concussion. Advise.

1 Answer | Asked in Personal Injury and Gaming for California on
Answered on Mar 29, 2017
Peter N. Munsing's answer
Contact a member of the CAOC in the County where it happened. They give free consultations and can best address the peculiarities of the situation.

Q: If accepted Terms of Service say that the user's digital content might be revoked and the money withheld, is it illegal?

1 Answer | Asked in Consumer Law, Gaming and Internet Law for California on
Answered on Mar 22, 2017
Ali Shahrestani, Esq.'s answer
It depends on the agreement in the Terms of Service re: this particular issue. If reselling is a violation of the TOS and the remedy is agreed as you note, then there may not be a problem, but it seems some evidence of the violation is required here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...

Q: Is it possible for someone to sue me if I use their code in a game but the game is not actually theres?

1 Answer | Asked in Gaming for California on
Answered on Mar 18, 2017
Ali Shahrestani, Esq.'s answer
See my answer to your identical question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...

Q: Is it illegal to sell a data cd that has the web links to websites that offer free downloads of game roms and emulators

1 Answer | Asked in Internet Law and Gaming for California on
Answered on Mar 12, 2017
Ali Shahrestani, Esq.'s answer
If all you're offering is a set of website links, I see no problem here; but you may want to use a release and waiver to try to avoid liability for any damages or legal violations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC...

Q: I won a jackpot at a casino playing poker, i was not 21 at the time can i claim it once i turn 21, or can i claim it no

1 Answer | Asked in Gaming for California on
Answered on Feb 5, 2017
Ali Shahrestani, Esq.'s answer
If you were playing illegally at the casino because you were underage, I see no basis to claim the winnings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...

Q: Can I sue a online gaming company for about 1250 ive spent in a decade and a half on it, lost it b/c i get perma ban'd.

1 Answer | Asked in Gaming for California on
Answered on Jan 2, 2017
Ali Shahrestani, Esq.'s answer
For an attorney to answer this question, he/she should start with reading the company's Terms of Use that you accepted when playing on their site, along with a review of all the facts and communications in your situation. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Q: I have epilepsy and after a seizure was beaten by casino security and local police.

1 Answer | Asked in Gaming and Personal Injury for California on
Answered on Jul 18, 2016
Peter N. Munsing's answer
Contact a member of www.caoc.com in that area--they give free consultations.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.