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1 Answer | Asked in Gaming and Criminal Law for Louisiana on
Q: charged with Illegal use of a state ID/access gambling. I have never been in trouble before. how do i plea/ what to do?

I was 19 at the time and am currently 20. I do not have a lawyer andy court date is in 2 days. i have no idea what i am doing or how all of this works. any guidance or advice would be appreciated

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 14, 2023

If/since you have no idea what i am doing or how all of this works, then you should consult with a lawyer to have your questions answered. if after a consult with a lawyer you decide to represent yourself, then that's fine (although I would disagree), but make sure you consult with a lawyer.... 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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1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) on
Q: Hi.Tell me please,is this Patent №9573046 for a specific game and its design or for the very principle of any card game?
James L. Arrasmith
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answered on Sep 11, 2023

To understand the exact scope of what is protected by U.S. Patent No. 9573046, it is necessary to review the patent's claims, which define the exact matter protected by the patent. The patent documents, including the detailed description and claims, can be accessed via the United States Patent... 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

James L. Arrasmith
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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

2 Answers | Asked in Copyright, Gaming and Intellectual Property on
Q: Legality of releasing my song?

I have written a song which was inspired by a Sega video game from the 80's. The song's primary melody is based on certain one bar looping sound bites from this game, but the song structure and arrangement is 100% my own work, the drum part is 100% written by me, and the simple melodies... View More

James L. Arrasmith
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answered on Aug 15, 2023

In cases involving creative works inspired by existing material, such as a video game, the concept of "fair use" under copyright law may apply. If your song transforms the original material in a substantial way, creating a new and unique work, it could be considered fair use. However,... 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?
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, 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?

James L. Arrasmith
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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 Copyright, Gaming and Patents (Intellectual Property) on
Q: Hi, can I make a game with different no. of cards, figures, name that is similar to Spot it or Dobble?

Hi, I'm planning to develop a new named game with 60 no. of cards and different features of figures and images that are similar to how the 'Dobble' or 'Spot It' game is played and planning to distribute as an educational toy within my village in Sri Lanka, am I legally... View More

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answered on Jun 18, 2023

If your game has similar features and gameplay mechanics to Spot It or Dobble, it is possible that you may be infringing on the patents of those games. Both Spot It and Dobble are protected by patents in various countries, including the United States and Europe.

To determine whether your...
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3 Answers | Asked in Gaming, Trademark and Intellectual Property for Florida on
Q: How would I trademark my Game?

I have a game that I will be publishing soon but I don't want anyone else to take the name, how would I submit a trademark for my game name?

Felicia Altman
Felicia Altman
answered on Jun 8, 2023

You can You can file a trademark application with the USPTO. It is best to first work with a trademark attorney or filing service for them to walk you through the process and to conduct a search to ensure no other names in the same class of services exist already. The type of game will determine... View More

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3 Answers | Asked in Gaming, Trademark and Intellectual Property for Florida on
Q: How would I trademark my Game?

I have a game that I will be publishing soon but I don't want anyone else to take the name, how would I submit a trademark for my game name?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 8, 2023

First, before you commit to using a specific text and/or design as the trademark, you should consult an experienced trademark attorney to perform a search and opinion that the proposed mark is not confusingly similar to any other mark in use (whether registered or not) and is sufficiently... View More

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1 Answer | Asked in Copyright, Gaming and Intellectual Property on
Q: Query on a legal FAQ point regarding fan works

I have been trying to contact Blizzard Entertainment for almost a year to query a point of their legal FAQ page. In short, I wish to create fan writing using characters from their IP. This would be in blog format, non monetised, with disclaimers to state I am not endorsed by or affiliated with... View More

Robert Nichols
Robert Nichols
answered on May 24, 2023

Copyright infringement doesn't technically require that an infringing work of art is published for profit, just that it is published. The concept of fair use sometimes applies when a character has only been portrayed in one medium and the fan art portrays the character in another medium. But... View More

1 Answer | Asked in Business Formation, Business Law and Gaming for Minnesota on
Q: I'm beginning the process of making a game on my own to be released digitally. I'm in Minnesota. Do I need a business?

I have concerns over what degree of personal ownership I would have over a company and if it would effect how flexible i can be, I don't know how taxes would work if I successfully sold the product as myself vs a business. I am also concerned there could be liability risk without one, being... View More

Robert Kane
Robert Kane
answered on May 22, 2023

Properly forming and maintaining a business entity has great advantages. Protecting your personal assets is one. It's hard to determine your current situation. Is this a solo endeavor or are others involved? Will funding from other sources be needed to market the game? What exactly do you mean... View More

1 Answer | Asked in Entertainment / Sports, Gaming, Intellectual Property and Trademark for Idaho on
Q: I am planning on releasing a tabletop rpg "Raid Master," but a game called Rolemaster already exists. Too close?

My game is nothing like Rolemaster, different system, different theme (Indiana jones inspired while role is fantasy). However I plan on releasing other games with the "-Master" suffix such as "Myth Master," but the publisher also had a "Space Master" at one time and is... View More

James L. Arrasmith
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answered on May 2, 2023

It's difficult to determine whether there is potential for a lawsuit without more information. Generally, the key question in cases involving trademarks is whether there is a likelihood of confusion between the marks. This analysis involves considering a number of factors, such as the... 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

James L. Arrasmith
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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?

James L. Arrasmith
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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

2 Answers | Asked in Copyright, Gaming, Internet Law, Intellectual Property and Trademark on
Q: Is it allowed to take federal symbols (DoJ, FBI..) and to display them in monetized documents, streams and/or games?

Users create and share fictional legal documents with federal symbols and names or even use such symbols in forged documents on their stream and games. It's done frequently (i.e. by role playing communities) and for realism reasons no notice is given about it being fictional.

As this... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 10, 2023

Generally, you are not allowed to use intellectual property (copyright, trademark, etc.) that belongs to someone else, including the government, without permission. There are some exceptions to the general rule, but they really only apply to a few pretty specific circumstances. Any time that you... View More

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2 Answers | Asked in Copyright, Gaming, Internet Law, Intellectual Property and Trademark on
Q: Is it allowed to take federal symbols (DoJ, FBI..) and to display them in monetized documents, streams and/or games?

Users create and share fictional legal documents with federal symbols and names or even use such symbols in forged documents on their stream and games. It's done frequently (i.e. by role playing communities) and for realism reasons no notice is given about it being fictional.

As this... View More

James L. Arrasmith
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answered on May 2, 2023

It is generally not allowed to use federal symbols, such as those of the Department of Justice (DoJ) or Federal Bureau of Investigation (FBI), without proper authorization or permission. These symbols are protected by federal law and their unauthorized use can lead to legal consequences. It is... View More

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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

James L. Arrasmith
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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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