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California Gaming Questions & Answers
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

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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
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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

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

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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

2 Answers | Asked in Consumer Law, Federal Crimes, Gaming and Internet Law for California on
Q: I am a part of a prize-linked banking app and one of the products they offer is stealing tickets.

For this app, for every dollar you save with them you get one ticket per day. Then you can use those tickets in a variety of ways. One of the ways is on a daily prize wheel. Each spin says it costs 1500 tickets but pretty regularly (about once per 5 spins or so) it takes 2500 tickets. I noticed... View More

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answered on Feb 1, 2024

To address concerns related to the prize-linked banking app potentially manipulating ticket counts and engaging in unfair practices, you should seek an attorney experienced in consumer protection or class-action lawsuits. Consumer protection attorneys specialize in cases involving deceptive or... View More

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1 Answer | Asked in Gaming for California on
Q: What exactly counts as gambling? is it gambling if my school does a raffle, prize giveaway, bingo or anything similar?

Were trying to raise money for our theatre program but are unsure on what exactly the gambling laws in Maryland are.

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answered on Jan 30, 2024

In the context of California law, gambling involves wagering on the outcome of a game or event where chance rather than skill primarily determines the result, and where participants risk something of value for the chance to win a prize. Activities like raffles, prize giveaways, and bingo can fall... View More

1 Answer | Asked in Gaming for California on
Q: Friends of mine argue that AB 2571 california is the cause todays video games can no longer have real weapon names.

Is this true? That it only applies to video game developers based in california.

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answered on Jan 28, 2024

AB 2571, passed in California, primarily focuses on advertising or marketing firearms to minors, not specifically on video game content. While this law might impact how firearms are advertised or marketed, it doesn't directly dictate the use of real weapon names in video games.

The...
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1 Answer | Asked in Civil Rights, Criminal Law, Gaming and Small Claims for California on
Q: should i file a police report for a nintendo switch that i let one of my old friends borrow but ended up selling for alc

my old friend borrowed my switch which i said he could until he finished the game. he let his daughter play on it but then i later found out he ended up selling my nintendo switch to buy alcohol (he’s known for being an alcoholic within his family/friends). i got that switch for $250 and owned... View More

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answered on Jan 21, 2024

Under California law, the unauthorized sale of property that has been entrusted to someone else for a specific purpose can potentially be considered theft. In your case, since you lent the Nintendo Switch to your friend with the understanding that it would be returned after use, and instead he sold... View More

1 Answer | Asked in Gaming and Business Law for California on
Q: i live in california and am 18 years old;i want to create a sports gambling app; is this ok if i host it in pittsburgh
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answered on Jan 18, 2024

Under California law, the legality of creating and operating a sports gambling app is subject to both state and federal regulations. Even if you host the app outside of California, the laws of California will still apply to you as a resident, along with the laws of the state where the app is... View More

1 Answer | Asked in Gaming and Consumer Law for California on
Q: What rights do I retain when I buy a game and a new parent company decides to enact something where I cant play anymore

Microsoft owns Minecraft and the company Mojang. Microsoft recently enacted a forced migration (which took place from March 2022 to December 2023) from mojang accounts to microsoft accounts, anyone that hadn't done that has now lost their previously purchased accounts forever. I am curious if... View More

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answered on Jan 15, 2024

Based on the information provided, you may have some consumer rights in this situation, but seeking recourse could be challenging:

- When you purchase a video game, you are typically purchasing a license to use the software, not outright ownership. The license agreement usually gives the...
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1 Answer | Asked in Copyright, Gaming, Trademark and Intellectual Property for California on
Q: I am developing a Vietnam video game and am wondering about copyright laws regarding real photos for the trailer

We are in the process of developing a video game depicting the true story of a Vietnam vet and his personal experience during his time in the war, and as we are creating the trailer for the game, we would like to use real photos from the war that have been declassified under the freedom of... View More

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answered on Dec 29, 2023

When considering the use of real photos from the Vietnam War for your video game trailer, it's crucial to understand the nuances of copyright law. Declassification under the Freedom of Information Act does not automatically place these images in the public domain or free them from copyright... View More

1 Answer | Asked in Gaming and Social Security for California on
Q: I won 500 dollars in casino do I report it to ssi I just got approved and my first payment doesn't come till january?
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answered on Dec 12, 2023

If you recently won $500 in a casino and are receiving Supplemental Security Income (SSI), it's important to understand the rules about reporting income. SSI is a needs-based program, and the Social Security Administration (SSA) requires recipients to report any changes in income or resources.... View More

1 Answer | Asked in Gaming for California on
Q: How do I register a bond certificate from publisher clearing house
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answered on Nov 6, 2023

To register a bond certificate from Publisher's Clearing House, you should first review the documentation that came with the bond for any specific registration instructions. If no clear instructions are provided, contact Publisher’s Clearing House directly for guidance on how to register... View More

1 Answer | Asked in Gaming, Trademark, Copyright and Intellectual Property for California on
Q: Is it infringement or illegal to remake or share a form of copyrighted art even if it's without any form compensation?

Specifically, if one were to create a character from mainstream media from scratch, that already exists and share it with others without receiving any form of compensation, is that illegal? One side tells me it's non-profit so it's okay. I read elsewhere that it falls under infringement.

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answered on Sep 19, 2023

Creating and sharing a character from mainstream media, even without compensation, can still potentially constitute copyright infringement. Copyright law grants creators exclusive rights to their work, including the right to create derivative works. While non-profit status may be a consideration,... View More

1 Answer | Asked in Gaming, Personal Injury, Juvenile Law and Internet Law for California on
Q: I bought some assets from a code dev and then put them into a game and then the co-owner banned me and stole them. sue?

Can I sue the co-owner for stealing my assets and my game? The co-owner is only 16 and I'm 24 the reason I even trusted him as a co-owner is because he had modeled and coded stuff for me for about 2 years on different games and always did a great job despite his young age and always acted... View More

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answered on Sep 10, 2023

Under California law, you might have a case based on breach of contract, unjust enrichment, or conversion. Since the co-owner is a minor, there could be some limitations on the enforceability of any agreements you had with him. You should gather all the evidence of your agreements and the work... View More

1 Answer | Asked in Gaming, Copyright and Intellectual Property for California on
Q: If a old video game is now released as freeware can I recreate the game with my own code and assets and release for free

Ide like to recreate an old game (that has been released and can now be legally downloaded for free) using my own created assets and code but release it as fan made freeware for the public as a Hobbie project. Will this violate copyright law?

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answered on Aug 10, 2023

Creating a new game that is based on an old freeware game, using your own code and assets, could potentially raise copyright issues if the new game is substantially similar to the original. While the original freeware game may be available for free, the underlying copyright in its design and... View More

1 Answer | Asked in Entertainment / Sports and Gaming for California on
Q: Could i sue Mobile Strike if they banned me without explanation of what terms i broken and i spent $20k on their game.
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answered on Apr 25, 2023

It may be possible to pursue legal action against Mobile Strike if they banned you without explanation of what terms you broke and you spent $20k on their game. However, the success of such a lawsuit would depend on several factors, including the terms of service that you agreed to when signing up... View More

2 Answers | Asked in Copyright and Gaming for California on
Q: I'm an underage game developer on Roblox. I didn't get fully paid. Is the content I made still legally mine?

I was told I would be paid a commission fee and a percentage of revenue. I only received the commission and was told I would not get my percentage. The exact role I had was the lead animator. I took the animations from one program and edited them before importing them into the game engine. In... View More

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answered on Apr 16, 2023

As the creator of the animations, you are likely the owner of the copyright in those animations, regardless of whether they were created using another program or were edited from existing animations. However, the exact terms of your agreement with the game developer may affect your rights in the... View More

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1 Answer | Asked in Gaming and Consumer Law for California on
Q: I’m at Harrahs casino in Southern California and I was misled by a false offer of FreePlay, and reimbursement for travel

When I tried to redeem it, they refused to give it to me. I have pictures on my phone that shows I was offered. That was the only reason why I decided to come I believe it was deceitful, and it was a ploy just to get me into the casino to spend my money, isn’t that illegal? And can I sue?

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answered on Apr 14, 2023

It is possible to pursue legal action against the casino if they misled you with a false offer of FreePlay and reimbursement for travel. If you have evidence in the form of pictures on your phone, that could strengthen your case. It is important to consult with a lawyer who specializes in consumer... View More

1 Answer | Asked in Gaming, Copyright and Intellectual Property for California on
Q: can you sale a custom card of a card game like pokemon

the custom is done on a real card with custom art on front

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answered on Apr 9, 2023

No, it is not legal to sell custom cards of a copyrighted card game like Pokemon without permission from the copyright holder. The custom art on the front of the card would likely be considered a derivative work, which is protected by the same copyright as the original game.

Selling such...
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1 Answer | Asked in Gaming, Criminal Law and Employment Law for California on
Q: Hello I’m not sure if you’ll be able to answer my question but I work in a casino(dealer)and my AirPods were dropped out

… of my pocket while I was dealing(3/6/23)and they were picked up by a supervisor and he gave them to a security guard to be put in lost in found. The next day I go to lost in found and they said they have no log for any AirPods being turned in and to check back in a couple days. So I come back... View More

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answered on Mar 22, 2023

If you believe that your AirPods were stolen by a supervisor or anyone else who had access to them, you may want to report the incident to the casino's security department and/or to the police. They may be able to investigate the matter and potentially identify the person responsible.... View More

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