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California Gaming Questions & Answers

2 Answers | Asked in Contracts, Entertainment / Sports, Gaming and Personal Injury for California on

Q: how can we sue two companies named "EA Games" and "evenbalance" ?

Hello!

i am a gamer who plays Video games day by day.

recently i got banned by an anti cheat Company called punkbuster without any using of cheats.

while i have payed 180 $ for my game.(*** Note : i accept the price is small but it's not only me who is involved... two named... Read more »

William John Light answered on Jul 26, 2019

Small Claims, at best.

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1 Answer | Asked in Employment Law and Gaming for California on

Q: If I am forced to work more than 6 hours before getting my lunch break in California is that illegal?

It was recently brought to my attention that California law demands a lunch before hitting the sixth hour unless agreed upon by both parties. I have never "agreed" to work more than that without my lunch it was told to me that was the expectation. I have been working like this for most of the last... Read more »

Neil Pedersen answered on Jun 20, 2019

In California, a non-exempt employee is entitled to a reasonable opportunity to take a 30-minute, off-the-clock, uninterrupted and duty free meal period any time they work more than 5 hours in a shift. That meal period should be provided before the beginning of the 6th hour. If you work only 6... Read more »

1 Answer | Asked in Criminal Law, Gaming and Social Security for California on

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

Hit poker jackpot for $1300. I am underage and used fake id with all my real information to claim jackpot money. Used my real ssn on w2g form. Will I get caught that I’m underage? Can they tell I’m underage with my ssn? What should I do next.

Dale S. Gribow answered on Sep 27, 2018

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

2 Answers | Asked in Consumer Law, Contracts, Copyright and Gaming for California on

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

I have interest in potentially claiming this trademark for the purposes of licensing it to video game developers. What steps would I need to take to obtain ownership?

Tim Akpinar answered on Sep 19, 2018

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.

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1 Answer | Asked in Business Law, Gaming, Copyright and Intellectual Property for California on

Q: Making money from video games in public places.

Hello,

I want to make some arcade like machines and then put those in public places where kids can drop some coins in and play. but here's the problem, the games that I would like to run on those machines are not actual arcade games, those are games released for the gaming consoles from... Read more »

John Espinosa answered on Jun 24, 2018

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.

1 Answer | Asked in Business Law and Gaming for California on

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

Thomas A. Grossman answered on Jun 24, 2018

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.

1 Answer | Asked in Consumer Law, Gaming and Internet Law for California on

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

The PlayStation messenger system does not have a means to delete already sent messages. PlayStation support refused to delete my messages containing personal data during a chat request. Their EULA/privacy documentation seems vague and doesn't quite explain this as far as I could understand it, and... Read more »

William John Light answered on Jun 12, 2018

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.

1 Answer | Asked in Gaming and Entertainment / Sports for California on

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

I believe the game uses deceptive practices to confuse and trick players into purchasing things that seem like a good buy but in reality it almost always a terrible buy. They usually show a box containing like 10 items and they tell you that you have a random chamce at one of the items. But... Read more »

Jason Brooks answered on Apr 3, 2018

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... Read more »

1 Answer | Asked in Entertainment / Sports and Gaming for California on

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

My question would be am I allowed to take my own in-game screenshots and use these images on my websites to avoid copyright infringements or violations? I have scoured the internet to find a reasonable and safe way to use images from big game titles. If this is not allowed are there any way... Read more »

Carrie A. Ward answered on Mar 27, 2018

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.

1 Answer | Asked in Consumer Law, Business Law and Gaming for California on

Q: Question about "Customer Appreciation Giveaways"

I am a small business owner and sell a product for $150 which my customers are very happy to get. If I wanted to (without any additional purchase required) do a Customer Appreciation Giveaway to 3 out of every 200 customers of mine, would I be breaking any laws? As far as I can tell since I would... Read more »

Julie King answered on Dec 22, 2017

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... Read more »

1 Answer | Asked in Products Liability, Civil Litigation, Gaming and Intellectual Property for California on

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

Robert Philip Cogan answered on Nov 27, 2017

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.

1 Answer | Asked in Consumer Law, Contracts, Gaming and Internet Law for California on

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

This was a wealthy Youtuber who offered $10,000 USD as a prize to the best video made to fit a hashtag. He gained millions of subs and earned millions of dollars in AdSense revenue from the contest but kept the money. When another creator called him out, he made a poor excuse for deciding not to... Read more »

William John Light answered on Oct 11, 2017

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

1 Answer | Asked in Copyright, Gaming and Employment Law for California on

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

I am a graphic designer in video games.

My former employer is asking me to remove images of a game I have worked on from my online portfolio. These images are taken from the published game (no confidential material).

Can I safely decline to edit my portfolio?

Robert Philip Cogan answered on Sep 12, 2017

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... Read more »

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Trademark for California on

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?

Basically, I used the song for inspiration for characters, setting, and plot. The reasons, some events, names, and everything else will be from my imagination. And some characters will say some lines from the song word for word in conversation (not song). I will not have the actual song sung... Read more »

Robert Philip Cogan answered on Jul 17, 2017

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...
Read more »

1 Answer | Asked in Entertainment / Sports, Gaming, Intellectual Property and Internet Law for California on

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

I am planning on creating and eventually monetizing a video game blog. I would like to include images of the video games I write about, however I'm not sure if that would be copyright infringement. I would appreciate is someone could tell me if this is allowed. Thank you.

Ali Shahrestani, Esq. answered on Mar 30, 2017

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... Read more »

1 Answer | Asked in Personal Injury and Gaming for California on

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

Can I file a claim on my own or should I get attorney. I've had headaches and dizziness. I was transported to hospital and have done follow up with doctor.

I fell and hit my head bad on wet walkway outside of casino. No signs posted. Very slippery walkway and it was wet.

Please... Read more »

Peter N. Munsing answered on Mar 29, 2017

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.

1 Answer | Asked in Consumer Law, Gaming and Internet Law for California on

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

If an online company that sells bundles of digital keys for games would say, that they can revoke the digital keys at any time if they find out that the customer (buyer) has been selling the products further or if they just suspect him doing so, could they revoke the keys without refunding the... Read more »

Ali Shahrestani, Esq. answered on Mar 22, 2017

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... Read more »

1 Answer | Asked in Gaming for California on

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

The game is Minecraft and I'm using someones code for a minecraft server that brings in alot of revenue and now the owner of that code who is threading to sue me. To sum things up the code was developed for minecraft servers performance but he doesn't have any affilation with microsoft or mojang AB... Read more »

Ali Shahrestani, Esq. answered on Mar 18, 2017

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... Read more »

1 Answer | Asked in Internet Law and Gaming for California on

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

I know that roms are a illegal downloads and Emulators are part of the free trade act and are fine to download or share as long as you dont profit from it. They would be buying the disk off me for correct setup files, easy install and download sites that are safe and not damaging to your pc... Read more »

Ali Shahrestani, Esq. answered on Mar 12, 2017

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... Read more »

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