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Could the Xbox 360 be banned in the USA?


It's common knowledge there are a range of patent wars ongoing in technology right now (which I've previously written about here).  One of those patent wars is between Motorola and Microsoft over the Xbox 360 console - and boy, it's getting hot.  My friend Florian Mueller of Foss Patents told me about it and it seems so interesting I thought I'd write a quick summary based on his hard work.

The story so far:

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Are second hand software sales legal?

The second hand sale of software excites lots of emotive debate: is it a good thing for consumers by giving them choices at more flexible price points, or is it killing publishers? Both?  While that debate continues to rage, a couple of recent legal cases have got me thinking: are second hand software sales actually legal?  Interestingly, one is a US case and the other is a European Union case, so here's the Transatlantic ...
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Games Law Update: April 2012




Hi everyone - here's your dollop of games law news over the last month, curated by yours truly...


Lawsuits:

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Project finance and public funding in games

UK games industry body UKIE invited me to speak at their inaugural Thursday@3 series of events last week.  This first event was on the subject of funding games, so I decided to talk about two areas of games finance which have been much underrated recently: project finance and public sources of funding.  

Have a look at my slide-deck below (which newsletter recipients can see here).  Both topics (project finance ...
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Game cloning: recent legal developments

My employer, Osborne Clarke, held its biannual Interactive Entertainment Legal Forum (a networking event and training session for inhouse games lawyers from UK and Europe) last month.  I spoke about the difficult topic of game cloning, non-literal copying and recent legal developments regarding it.  What actually is the law about game cloning in the UK and EU?  Is it right that there's no real legal recourse for cloning?


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Games Law Round-Up: February and March 2012

Sorry - this is two months' worth of games law news updates, since GDC got in the way of finalising the February update.  Still, what a couple of months it's been!  Here we go...

Lawsuits:

Microsoft has had to commence proceedings at the US National Arbitration Forum for the transfer of fake site "Halo4beta.net" to it.

The SABAM decision has been handed down by the European Court of Justice, holding that: "The owner ...
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Timegate beats Southpeak in Section 8 lawsuit

Timegame Studios, developer of the Section 8 first person shooter, has just won an interesting lawsuit against publisher SouthPeak Interactive (via Houston Press and Courthouse News).  The case is a useful reminder of both the strength and weaknesses of arbitration, as well giving us some useful practical tips for drafting good publishing agreements (skip to the end of the post for that).  I’ve written a summary of the case below. ...
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Game Group goes into administration

Game Group, the UK's last remaining high street retailer dedicated to games, filed papers to enter administration earlier this week.  Although this has been predicted for some time, it has still had a real impact on the UK games industry already - if only to renew debate about physical vs digital games retail.

I spoke with Gamesindustry.biz about What the Game Group Administration Means For You, which explains what administration is as ...
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The UK games tax break: opportunities and challenges

The UK government has just announced that it will grant production tax breaks to the games industry.  This was a bit of a surprise: the previous Labour government had agreed to grant tax breaks, but the new Tory/Lib Dem coalition government had frowned on it until this announcement.

This is ofc great news for the UK games industry and I'm sure there'll be a LOT of discussion about it in the coming days.  There'll need to be: there ...
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Is Australia getting grown up about age ratings?

This is a guest post by Lachlan Kingsford, an Australian games scholar and the brains behind Nerdy Gentleman.  I asked him to tell us a bit about the latest state of play regarding Australian games classification, which I've written about previously.


There is something rotten with the state of gaming in Australia. Unlike other entertainment mediums, games can not be given an R18+ rating or classification. This has two practical ...