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New York Gaming Questions & Answers
2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for New York on
Q: I want to create a website that hosts fantasy football contests for money. Is this legal?

I want to host survivor pools (contestants pick a winner of an NFL game each week) and season long contests (contestants will create a lineup each week picking from a pool of NFL players, accumulating a score correlating to how the NFL player performs that week). Is this legal? Are these... View More

James L. Arrasmith
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answered on Apr 6, 2024

The legality of hosting fantasy football contests for money depends on the specific laws of the jurisdiction where you plan to operate the website. In the United States, the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006 includes a carve-out for certain fantasy sports contests, deeming... View More

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2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for New York on
Q: I want to create a website that hosts fantasy football contests for money. Is this legal?

I want to host survivor pools (contestants pick a winner of an NFL game each week) and season long contests (contestants will create a lineup each week picking from a pool of NFL players, accumulating a score correlating to how the NFL player performs that week). Is this legal? Are these... View More

Eddie Burnett
Eddie Burnett
answered on Apr 3, 2024

Many states have laws specifically addressing gambling. Some have exceptions for "games of skill," but the definitions and interpretations vary. In most states, to avoid gambling issues, there have to be no entry fees and prizes must be predetermined and not based on entry fee totals.

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1 Answer | Asked in Immigration Law and Gaming for New York on
Q: Can using Draftkings affect my citizenship application? Legal in my state

I am not sure participating in Draftkings is legal in federal law or not.

I am aware that as a green card holder, purchasing or consuming marijuana can be the reason for denial of my application, even though it is legal in my state. This is due to it’s federal illegality.

The... View More

James L. Arrasmith
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answered on Nov 23, 2023

Participating in DraftKings, or similar online fantasy sports platforms, can raise concerns when applying for U.S. citizenship, particularly if there's ambiguity about its legality under federal law. Although fantasy sports are legal in many states, federal law can view certain types of online... View More

1 Answer | Asked in Copyright, Gaming and Intellectual Property for New York on
Q: So If a company doesn't renew a license deal for a game is it still illegal to pirate the game?

In 2017 Activision didn't renew a licensing deal they had with Marvel so they had to take down all of their Marvel games they had published. So I wanted to know if it would still be illegal to download any of those games through a website even though there is no possible way to get those games... View More

James L. Arrasmith
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answered on Nov 18, 2023

Whether a company has renewed a licensing deal or not, it is still illegal to pirate a game. The expiration of a licensing deal, such as the one between Activision and Marvel, affects the company's ability to sell or distribute the game, but it does not affect the copyright status of the game.... View More

1 Answer | Asked in Consumer Law and Gaming for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Nov 17, 2023

The situation you're describing with the Skullgirls digital product raises complex issues in digital content and consumer rights. In the digital realm, the rights and expectations can be significantly different from those associated with physical products. The End User License Agreement (EULA)... View More

1 Answer | Asked in Consumer Law, Copyright, Civil Rights, Gaming and Intellectual Property for New York on
Q: Doesn't censorship of a product after point of sale present some legal challanges?

What of censorship in general? the freedom of speech and exspression mean nothing when there's no one or no way to hear it.

I'm very concerned about the pressures from many special interest groups and diverse and even opposing political parties trying to control or cancel people... View More

James L. Arrasmith
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answered on Sep 11, 2023

You have raised a multi-faceted issue that encompasses both the legal domain and the evolving norms in society.

From a legal standpoint, private companies like game developers and publishers generally have a broad latitude to modify their products as they see fit, including post-sale. This...
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2 Answers | Asked in Consumer Law, Entertainment / Sports, Gaming and Small Claims for New York on
Q: If compulsory censorship happens to a digital good, artbook or game AFTER a sale. is that effectively theft?
T. Augustus Claus
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answered on Aug 10, 2023

Compulsory censorship of a digital good, such as an artbook or a game, after a sale may not be considered theft in the legal sense, but it could potentially lead to other legal issues or breaches of contract, depending on the circumstances and the terms of the sale or licensing agreement.... View More

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2 Answers | Asked in Consumer Law, Entertainment / Sports, Gaming and Small Claims for New York on
Q: If compulsory censorship happens to a digital good, artbook or game AFTER a sale. is that effectively theft?
Tim Akpinar
Tim Akpinar
answered on Aug 11, 2023

If the censorship arose out of circumstances beyond the control or knowledge of the seller, such as more stringent standards materializing out of new interpretations of the First Amendment, it might be a constitutional law issue more than a matter of theft, fraud, or misrepresentation. An attorney... View More

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1 Answer | Asked in Gaming for New York on
Q: i have a idea for a new game for sims5
Tim Akpinar
Tim Akpinar
answered on Dec 28, 2020

You chose a good category (Gaming) for your post, but it seems like you might be interested in protecting your intellectual property rights with your new idea. There's no guarantee that all questions are picked up, but you might have better chances of meaningful input by reposting and... View More

1 Answer | Asked in Family Law and Gaming for New York on
Q: I bought an $1800 laptop with my own money that i worked for and my mom is threatening to smash it, Can she do so?

im 16 and obviously i live with her

Tim Akpinar
Tim Akpinar
answered on Oct 15, 2020

From a legal standpoint, that would result in a property damage matter. From a practical standpoint, while it's no one's business, parents generally want the best for their children. If the laptop has created tension in terms of interference with school or placed a burden on your budget,... View More

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... View 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

1 Answer | Asked in Gaming and Intellectual Property for New York on
Q: What can I do to make this business start legally the right way?

We have a video game in the making based off of a TV show. I know there are copyright issues since we’re using the same characters, but what can we do to prevent that? We’d like to start a kickstarter campaign after we’re done with 35% of the game and start monitoring. How would we work... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 25, 2018

This is a very common question. Many bloggers and fans of shows or movie stars get really discouraged when they get cease & desist letter from the shows/stars lawyers.

Your situation is even more problematic: you are trying to raise funds, and then sell products and make money off...
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1 Answer | Asked in Entertainment / Sports and Gaming for New York on
Q: Is it considered gambling for players to put monetary wagers on skill based games?

If 2 players decided to make a bet on which one of them was better in a skill based video game (online chess or League of Legends) is it considered gambling even though none of the results are controlled by luck?

Carrie A. Ward
Carrie A. Ward
answered on Feb 25, 2018

It is illegal when there are 3 elements present in the contest: (1) prize; (2) chance; and (3) consideration. In the scenario you describe above, the element of chance is missing in the equation.

2 Answers | Asked in Gaming, Intellectual Property and Trademark for New York on
Q: What is the legality of creating and selling a board game based off a fictional board game from a TV show?

A few examples are: The Cones of Dunshire from the TV show 'Parks and Recreation', CharDee MacDennis from the TV show 'It's Always Sunny in Philadelphia', and True American from the TV show 'New Girl'.

Barbara Berschler
Barbara Berschler
answered on Sep 4, 2017

For copyright purposes, just as you cannot copy a real game, you may not copy from someone's imaginary game. In both instances, someone created the board game and to the extent the board was an expression of the idea of the game, then that would be off limits without the copyright... View More

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2 Answers | Asked in Gaming and Tax Law for New York on
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?

The UK does not tax gambling winnings from casinos, but the U.S does. If I win money at a British Casino, and I bring that money back to the State (I am a U.S resident that has a Visa to stay in the UK), would I need to pay any taxes on such income that I earn? If so, would I need to ask the UK... View More

Matthew M Montoya
Matthew M Montoya
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... View More

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