WIT Legal, LLC’s Post

Expert insights hot off the press! Another fantastic conversation with expert Josh Grant about the legal landscape of the gaming industry as we head deeper into 2024. Check out his latest thoughts on the WIT blog linked below!

After a tumultuous 2023 for the #gaming industry, 2024 is holding promise for transformative changes in the sector. Read what gaming expert, Josh Grant, thinks about potential conflicts we may see throughout the year: https://lnkd.in/dhrFyYzc #technology #virtualreality #mobilegaming

To achieve the economic potential of the gaming sector that will not only being done through policy support, but also a conducive regulatory environment which promotes innovation and competition. Read more at: https://lnkd.in/dB5QcAtd #ETLegalWorld

The Nintendo vs Pocketpair Palworld lawsuit finally makes sense to me. It’s all about Arceus. Many people in the game industry, developers journalists, and player alike have been confused about what exactly are Nintendo’s intentions with their lawsuit against the similar but actually mostly very different Palworld. I shared this confusion until now, with the release of the exact patents and terms named in the lawsuit. (See linked article for details) In short, the lawsuit concerns three patents filed in June 2024, damages of ~$65k, and an injunction. Some background: Pokemon Legends: Z-A(2025) has been announced as the next Pokemon title from Gamefreak and Nintendo, a sequel to Pokemon Legends Arceus(2022). The patents filed by Nintendo this year refer to and seem related to features seen in Arceus. So why file patents now (or in June this year) for a game from two years ago, to defend against a game that had been out for six months? And to only sue for $65k plus an injunction? The timing of those three things are important. Follow along: - Japanese patent law requires patents to be novel. - You can’t patent features that are already in the public eye made by another party. - There are time limits to file on your own inventions once they become public knowledge. - The June 2024 patents can’t apply to Palworld because if they did, the patents aren’t novel and would be invalid. - They also can’t apply to PL: Arceus from 2022, because it’s been in the public market too long to be patented now. - Therefore, Nintendo must intend to use them against game features created, planned, or released after the patents were filed. With a new Pokemon game spinning up its marketing hype cycle for a release next year, it would be the perfect opportunity for a smaller developer to ride on their coattails and beat them to market. Nintendos goal is most likely to defend PL:ZA from getting its core gameplay features copied by the live service Palworld title before it is even released. That’s why there is almost no money involved, it’s about the future, not the past. The money must be there to check a box and get them what they really want: the injunction against future releases. I see this as a clear message to Palworld: Stay in your lane, make your own game, and you’ll be fine. But if you try and mimic our new game features in your live service content updates, we will shut you down. (I am not a lawyer, this is not legal advice, your mileage vary and expires at the beep.)

A recent court ruling highlights that online agreements to arbitrate must be clear and conspicuous. Consumers deserve transparency in terms of service, especially in gaming. This case sets an important precedent for consumer protection and online contracts. #ConsumerRights #Arbitration #OnlineGaming #LegalUpdate #WashingtonLaw

Learn more about the threat that patent trolls have on the video game industry. Check out Christa Cain's recent blog post, where she discusses the threats facing gaming technology’s research and development. https://lnkd.in/gWrAaPVv #patenttrolls #intellectualproperty #videogames #videogameindustry  #sportslaw #entertainmentlaw #patentlaw #patentprotection

State gaming laws seem to be at the forefront of the minds of regulators, State Attorneys General, and the plaintiffs' bar due to the rapid change and innovation in the world of online real-money gambling. They are now turning their attention to daily fantasy "Pick 'Em" style games. John Allaire and Brian C. Schaller tell you all you need to know and how your business can minimize risks here https://bit.ly/3uXpiav #gaminglaws #fantasysports

Was the Competition Commission of India's recent intervention in the Google-Winzo case warranted, or a regulatory overreach? Koan's Advisor, Meghna Bal investigates in our recent publication in ThePrint-Koan Advisory series. Read the full piece here: https://lnkd.in/gYvqu9jS #CCI #CompetitionCommissionOfIndia #AntitrustLaw #CompetitionLaw #GamingLaw #Gaming #OnlineGaming #OnlineGambling #PublicGambling #Google #GooglePlay #GameDevelopers #GameDevelopment #GamesOfChance #GamesOfSkill #DigitalCompetition #DigitalCompetitionBill #DCB

My two cents in a recent ETLegalWorld article on the impact of the #DPDPAct on the online gaming sector. I have weighed in on the exercise of rights as a 'Data Principal' vis-a-vis processing of children's data . The contours of the precise obligations that a Data Fiduciary will have to follow are not clear and the upcoming rules under the DPDP Act may provide the much needed nuance for data fiduciaries. Nevertheless, the DPDP Act per se does not directly address the potential dangers of user generated data through chat features or online interactions in VR or Metaverse based games and platforms. #DataProtection #onlinegaming #privacy #ChildrensData

Exciting news from the E-Gaming Federation! 🎮 Ankur Gupta, a seasoned legal expert, joins EGF as an advisor for Policy and Legal research to enhance player protection and foster responsible gaming. Read more: https://lnkd.in/gxuES3BN #EGaming E-Gaming Federation #LegalExpert #AnkurGupta