Introduced in response to certain digital media sellers (e.g., game publishers) revoking consumer access to purchases with little to no recourse, AB 2426 forces sellers of “digital goods,” such as movies, apps, games, books and music to clarify what a consumer is actually receiving in connection with their “purchase.” Often companies refer to the “purchase” or “sale” of digital goods, yet the associated terms of service make clear that the buyer only receives a revocable license to the such goods. In some cases, if a buyer violates the terms of service, the license is revoked and the user is denied further access to the digital goods. In other cases, a buyer may be denied access to digital goods it has “purchased” if the digital media platform shuts down.Continue Reading New California Law Targets Sellers of Digital Goods
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Top Esports Deals and Investments in 2020 and 2021
Despite the coronavirus pandemic, the esports community has witnessed an explosive year of investment growth in 2020 and early 2021. Here is a brief summary of just some of the more significant esports acquisitions and investment transactions over the past year.
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Branded: Product Placement and Video Games
Video games and feature films have a lot in common. Both tell stories and have exciting visuals and music. Although one is "interactive", recent Blu-ray HD discs are now turning linear films into more immersive, interactive experiences. Rights and talent deals for both have likewise followed a path towards convergence with terms and consideration often being negotiated and drafted the same way. Nowhere is this trend more obvious than the increasing popularity of product placement in enhancing the economic value of video games by making the game play more realistic while providing increased marketing value and good will by allowing the game developer and product owner, generally at no out-of-pocket cost, to reach new audiences.Continue Reading Branded: Product Placement and Video Games
Dealing with ‘Rogue Reality’
When game designers introduce realistic elements in their games, sometimes unwanted side effects are produced that affect real life. Shawn Foust, head of Sheppard Mullin’s Video Game practice, discusses this Rogue Reality.Continue Reading Dealing with ‘Rogue Reality’