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Gaming Questions & Answers

Q: Is it legal for a game developer to add hidden fees to a game and not warn the players?

1 Answer | Asked in Gaming and Consumer Law for Illinois on
Answered on May 8, 2017

Your question is hard to understand.

You need to be more specific.
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Q: Couple questions about famous people likenesses and names can or can't be used in a video game.

1 Answer | Asked in Copyright and Gaming for North Carolina on
Answered on May 5, 2017

1. Is it legal to use cartoon likenesses of famous/living American politicians or Hollywood actors in a video game? (artwork is original, my own)

It's certainly legal to do this *with the permission* of the person, or the permission of whoever may own the rights to their image and likeness. Without their permission, it may depend on how transformative your depiction of them is, that is, how much differently are they being portrayed from their real life counterpart. Are you parodying...
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Q: Are the quarter pusher machines like you see in convenience stores legal in the state of Colorado?

1 Answer | Asked in Gaming for Colorado on
Answered on Apr 13, 2017

While Colorado has exceptions for "social gaming" and "charity gaming" (see a lawyer and/or the CO Dept. of Revenue for all the details), all other forms of gambling require a license and/or are restricted to specific locations/situations. In other words, coin pushers are not generally legal in Colorado unless a license is granted (which generally does not occur for most convenience stores). Note, the presence of a pusher in a store does not necessarily mean that they are legal.
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Q: Is giving people wrong forecast for money without a contract legal?

1 Answer | Asked in Banking, Entertainment / Sports, Gaming and Internet Law on
Answered on Mar 31, 2017

That deal is likely to be considered a wager or bet (gambling), which in most U.S. states is illegal, and illegal contracts cannot be enforced. Contracts can be formed by an exchange of messages, calls or emails, without a written agreement, if they meet the other elements of a valid contract (price, promised performance, etc.).
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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

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:...
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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

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.
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Q: I'm looking into starting an app for sports betting. What is the current legality and what are some loopholes?

1 Answer | Asked in Criminal Law, Federal Crimes, Gaming and White Collar Crime for New Mexico on
Answered on Mar 25, 2017

There is no short or quick answer on this one. There are a number of gambling laws out there with both the state and federal government. It would not be advisable to go forward until you sit down with an attorney who understands gaming and what the federal/state government would frown upon.
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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

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/...
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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

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...
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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

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,...
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Q: If i get a fake (non-working) credit card online , and when i go to buy something, it works...what will happen? imnot18

2 Answers | Asked in Banking, Criminal Law, Identity Theft and Gaming for Maryland on
Answered on Feb 4, 2017

If you are intentionally using a credit card that you know does not work or is not actually your account and you use it to try and purchase something - then you are potentially committing theft. You risk being charged with a crime.
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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

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.
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Q: Are there any federal or state laws governing internet video games, i.e. BattlePirates by KixEye.

1 Answer | Asked in Gaming and Internet Law for Massachusetts on
Answered on Dec 12, 2016

It's much the same as a store having the right to refuse service to someone. You paid to play, and you enjoyed it whilst you did. Now they're banning you for alleged cheating. When you sign up to play, you accept their Terms of Use. Check their rules. If indeed they've broken their own rules, then perhaps you have an actionable claim for breach of contract; but that's very fact-dependent. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law...

Q: Can I sue an illegal gaming place for my loses

1 Answer | Asked in Gaming for Colorado on
Answered on Nov 13, 2016

Contact a local attorney.
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Q: I'm making a baseball themed card game.

2 Answers | Asked in Copyright, Products Liability and Gaming for Utah on
Answered on Nov 12, 2016

You are copying a card so normally that would be fine; however I'm not a copywrite /image specialist and you should contact one of them for a definitive answer.
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Q: Will I have to pay taxes on any gambling winnings earned in other countries (UK), if I bring the money back to the US?

2 Answers | Asked in Gaming and Tax Law for New York on
Answered on Oct 25, 2016

US Citizens or resident aliens are required to report income from whatever source, US or abroad. It doesn't matter whether you bring it back or not - you are required to report it on a US tax return. Failure to properly disclose income from foreign sources or foreign accounts can result in steep penalties.

You should probably contact a professional that regularly handles these kinds of foreign-income and foreign asset disclosure returns. It's better to get compliance right the first...
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Q: Could I be sued for a board game I created that doesn't have a choking hazard warning if I sold the business?

1 Answer | Asked in Business Formation, Business Law, Gaming and Mergers & Acquisitions for Utah on
Answered on Oct 18, 2016

It's hard to answer your question completely without more information. That being said, if the game is no longer yours to license, and you are merely selling the game wholesale to another seller, then I would suggest an indemnity clause in the purchase contract requiring the seller to assume that liability and to cover any legal fees you may incur in defending against suit in the future. There may be other steps required as well depending on the specifics of your situation.
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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

Contact a member of www.caoc.com in that area--they give free consultations.
View Details »

Q: Are there countries where Drafkings would be considered illegal?

1 Answer | Asked in Gaming on
Answered on Oct 22, 2015

Really, you expect an attorney in the US to know all the gambling laws of each country on the face of the earth? Good luck with that. What you want, I guess is for an attorney to do research, and that is not free.

Q: Can I run a video game tournament in Florida with prizes. What prizes can I offer, and can I charge a tournament fee?

1 Answer | Asked in Gaming for Florida on
Answered on Oct 2, 2015

You need to hire an attorney who has done all the paperwork associated with doing this sort of thing.

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