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1 Answer | Asked in Gaming for New York on
Q: Australia has laws that can charge for "using corrupt conduct information for betting purposes." Does the United States?

> Have a similar law?

Tim Akpinar
Tim Akpinar answered on Aug 2, 2020

Your question remains open for two weeks. There's no guarantee all questions are picked up, but you may consider posting your question in other states in an attempt to get a response from gaming attorneys outside New York. While Australia could have uniform set of policies and laws involving... Read more »

1 Answer | Asked in Business Formation, Contracts and Gaming for Florida on
Q: I need legal advice on hiring, starting an LLC, and creating legally binding contracts for a game development studio.

Hello. I am a game developer looking in to publishing my first big indie game. I have about 9 people working for me in the realm of composing music, creating art, and coding the actual game. Once we publish the game we are going to split the profit. We also want to stat a kickstarter.

Now,... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 9, 2020

Forming the legal entity itself is not expensive but there are many other matters to be taken care of, not only the agreements between the parties involved in the development process, but also copyrights and more. There are attorneys that specialize in this type of start up and can easily provide... Read more »

1 Answer | Asked in Consumer Law, Business Law, Entertainment / Sports and Gaming for California on
Q: What's a precedent r/t purchasing in-game items, when $ spent and devs remove items and replace w inferior items?

I purchased an in-game package. After purchasing, developers removed all items purchased and replaced with inferior items, saying original pack was erroneously released. I would not have spent money at all on the inferior items they replaced my purchase with. They have a strict "All sales are... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

Sorry your product did not meet your expectations. This is a consumer/contract law question and the supplier failed to provide the product you contracted for. It sounds like you bought this online, so you must have paid with a CC. You should contact your CC company and create a dispute over the... Read more »

1 Answer | Asked in Gaming and Intellectual Property for Pennsylvania on
Q: I am making a video game, and everything in it was made by our team. How would I purchase a copyright to protect it?

This video game contains art, music, code, and scenarios that were made between five different people. We want to put this video game on an online store and sell it to make a profit, but we also want to purchase a copyright to protect it from being pirated/tampered with and reproduced. Everyone in... Read more »

William Scott Goldman
William Scott Goldman answered on Jun 15, 2020

Great question! Copyright registration can be applied for at https://www.copyright.gov/ or any of the copyright lawyers on this site will gladly assist. Based on what you've described, you'll likely need a TX copyright for the source code, VA for the original artistic components, and... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Gaming for Florida on
Q: Can I sue a scam app???

If an app advertises winning real money, and they really don’t pay out to anybody, would that be a good reason to sue for false advertising. Especially if someone spent money on in game purchases and got nothing out of it?

Jonathan E. May
Jonathan E. May answered on May 28, 2020

It appears very likely that they were committing fraud and you were damaged by that fraud. I encourage you to sue them and report them to police authorities.

1 Answer | Asked in Contracts, Products Liability and Gaming for Colorado on
Q: I pre-ordered something and was only told by the end of the month that the order was pushed back

nvm disregard

Nelson Patrick Boyle
Nelson Patrick Boyle answered on May 12, 2020

First, I practice in Colorado and not in Texas and I'm not your attorney, so this is intended as general advice and I would suggest you contact a Texas attorney if you determine you need one. However, you posted this in a Colorado forum. So I'm assuming you're in Colorado.... Read more »

1 Answer | Asked in Copyright, Gaming, Intellectual Property and International Law on
Q: This is not a question in itself, just a reply to Mrs./Ms. Barbara Berschler.

This was Mrs./Ms. Berschler's reply to my question on copyright and public domain books from the 19th century and from before that: "Just a thought to add to Mr. Watson's excellent answer to your question, and that is how do you intend to portray the books on the shelves appearing in... Read more »

Barbara Berschler
Barbara Berschler answered on May 7, 2020

Thank you for your follow up to my comment about your game's development. By the way, if you are thinking of using the name of the game as a trademark, you will want to be sure there are no prior takers. If it is just going to act as a title for the game, copyright does not protect titles.... Read more »

2 Answers | Asked in Gaming and Trademark for Texas on
Q: How to inquire about an individual's intent to sell goods/services in order to discover if I might infringe a trademark?

I have been developing a video game for more than a year now. Early on, I did a google and TESS search for any similar products, in the same class, with the same name. Nothing existed at that time, but I neglected to register a trademark for the name.

Searching this time around, there still... Read more »

Evelyn Suero
Evelyn Suero answered on May 1, 2020

Contact the blog owner and inquire if they can put you in contact with the student. Note however that an intent to use is not the same as actual, continuous use in commerce. In the United States, the general rule is that trademark rights are based on priority of use in an actual business or trade.... Read more »

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1 Answer | Asked in Gaming, Copyright, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: Can I use parts identical to LEGO parts (non-patented/expired) in a commercial virtual reality game?

The parts are sourced from an online community (LDraw.com) that models the LEGO parts in 3D attempting to digitally archive the LEGO parts, so they are as close to the original as possible. I am attempting to create a virtual reality game where these parts can be built in a similar way (but in a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

It will depend on what parts you are referring to.

If they are the ones out of protection, you could use them. But you need to make sure they do not have other protections, common law or statutory.

You should definitely consult an attorney to be better guided.

Marcos

www.legalbizglobal.com

1 Answer | Asked in Gaming, Consumer Law and Criminal Law for California on
Q: If someone sells a fake cheat program (say, for a video game) to a cheater, could they technically sue for false advert?

I was watching a YouTube video where a programmer created a cheat software, but instead of it helping the player cheat, it actually punishes the cheater instead. (I'll post the link below, if you're curious about watching it. Pretty entertaining if you play PUBG)

Someone in the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 21, 2020

more info needed.

however, anyone can sue for anything at any time.

the issue will be that a lawyer is not going to take a civil case like this on a contingency.

if you can get the police involved then they can investigate and the DA could prosecute.

1 Answer | Asked in Gaming for Wisconsin on
Q: Are there any legal issues with running an online trivia game as a fundraiser?

I am an employee of a tax-exempt Catholic Parish in Wisconsin. I am considering doing a series of trivia nights through an online platform during COVID-19. These would be to raise money for the youth group, the mission club, etc. There would be an entry fee paid by credit card or debit card... Read more »

Jason Brooks
Jason Brooks answered on Apr 8, 2020

There is more to it than this, but generally, there are specific state and federal rules against hosting a lottery (i.e. a game of chance). If you're hosting a game of "chance" (as opposed to one of skill) there must be a "No purchase necessary to Play" option for EVERYONE... Read more »

1 Answer | Asked in Gaming for New York on
Q: Is it legal to play video games with a teacher online? In New York
Tim Akpinar
Tim Akpinar answered on Apr 8, 2020

It's unlikely that any statute would address this. It's more likely to be addressed, if at all, (expressly or impliedly) by individual policies of teaching institutions in their faculty handbooks or student handbooks. Good luck

Tim Akpinar

2 Answers | Asked in Gaming and Trademark for Florida on
Q: My company makes games for its benefit. Others buy/download our games. Would we use a trade or servicemark for our brand

Unsure if I should use Class 09 or Class 42 for my company's brand name. Is making the video games I want to make, but then selling and/or offering them to be played by others considered a service for others?

Evelyn Suero
Evelyn Suero answered on Apr 7, 2020

The answer to your question depends on the specifics of your business. However generally speaking, a trademark symbol is used to identify the source of 'products/goods' that you are selling; and a service mark is used to identify the source of a 'service'. For example, when a... Read more »

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1 Answer | Asked in Gaming for Texas on
Q: I had my cruise control on 63. The police officer said I was going 72 according to the radar gun. Could radar be wrong

According to the radar gun I was going 72 in a 60. I had my cruise control on 63 going uphill. So i got a ticket for speeding. I also had a passenger in the car and the officer put on the ticket i had no passenger. He also put my wrong address down on the ticket. Could I take the ticket to court to... Read more »

Mark Hurt
Mark Hurt answered on Apr 1, 2020

It is unlikely that the radar that the officer was using was not functioning properly; it would also be difficult to prove this in court as well. If you believe that you were not going as fast as the officer cited you for, I would recommend getting your speedometer calibrated on your vehicle. If... Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Gaming for Arizona on
Q: I live in Arizona. I have 2 non violent felonies(20 years ago). Can I purchase, own or possess a black powder pistol?
Stewart Salwin
Stewart Salwin answered on Mar 25, 2020

When you are convicted of a felony in Arizona, some of your civil liberties will be suspended. You will lose your right to vote, the right to hold public office, the right to serve as a juror, and, yes, the right to possess a gun. A felony conviction may also prevent a person from obtaining... Read more »

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2 Answers | Asked in Copyright, Entertainment / Sports, Gaming and Trademark on
Q: We are indie game developer from Egypt, we have issue with HASBRO the holder of Monopoly trademark?

Hello,

we little startup game developers located in Egypt we had android app on Google Play Called "MONOPOLY LITE" and it is different from Monopoly.

Hesbro lawyer reported copyright MONOPOLY, US, 0326723

Google Play Destroyed our startup business for this claim... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 22, 2020

It sounds like Hasbro reported you for trademark infringement. The answer to your question requires review of all of the facts. Email me at rwilliams@devlinlawfirm.com to set up a call to discuss.

Robyn T. Williams, Esq.

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1 Answer | Asked in Consumer Law, Entertainment / Sports and Gaming for California on
Q: Suing a game for fraud or getting back my payments!

Hello! I have played a game(Brutal Age) from 2019-01-31 And have spent $45647 on this game!

This game is simply not as advertised. The first 6 to 10 months were great imo. Been down hill for a while now. I’ve found that Chinese players cheated on this game and buy packs 0.1% what normal... Read more »

Jingzhan Wang
Jingzhan Wang answered on Dec 23, 2019

who is the developer of the game? where it's located?

1 Answer | Asked in Entertainment / Sports and Gaming for Pennsylvania on
Q: I am looking to take money from outside investors and bet on sports based on an algorithm I created. Is it legal in PA?

There is a law in Nevada that allows this type of business model, however I am located in PA and was wondering if there was a way to make this work from here. I would receive money from investors, and place bets strictly off of my algorithm with no input whatsoever from the investors. I would... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

You need to contact a business attorney as you will need paperwork to cover you in regard to claims from the investors. Anyone can give anyone else money to gamble with--that's not a violation. However you need to have disclaimers and it's not something you'd want to do off the... Read more »

1 Answer | Asked in Federal Crimes and Gaming for Nebraska on
Q: if a child shoots people using what he sees on video games.Does the manufacturers owe duty of care to the plaintiff
Tim Akpinar
Tim Akpinar answered on Oct 21, 2019

It would be a difficult argument to make in terms of duty of care in the context of tort law. In terms of a social duty, you raise a good point. Good luck

Tim Akpinar

2 Answers | Asked in Gaming and Copyright for North Carolina on
Q: What legal issues are there to cloning a game and "reskinning" it, akin to how monopoly clones exist everywhere?

DaVINCI EDITRICE S.R.L., VS. ZIKO GAMES, LLC, et al., in CIVIL ACTION NO. H-13-3415 cited a card game's mechanics aren't protected, I'm looking - quite literally - to copy a card game (as the defendant in the cited case) that is no longer in production by reskinning the game and... Read more »

Enrico Schaefer
Enrico Schaefer answered on Oct 15, 2019

Games can be copyrighted as can the rules. So skinning a game can cause a variety of legal issues. I would have an attorney do a detailed analysis. One fact can change the result.

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