Category Archives: Gaming

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Are Loot Boxes An Illegal Gambling Mechanic?

A member of the United Kingdom’s Parliament has opened an inquiry into the legality of loot boxes. Loot boxes are virtual items that may be redeemed to receive a randomized selection of additional virtual items. Various countries around the world have recently moved to regulate the provision of loot boxes in video games, often in response to … Continue Reading

eSports on the Rise as Collegiate Sport

Across the country, colleges and universities are turning to eSports as a new addition to their athletic programs. Earlier this year, the University of Utah became the first school from a major athletic conference to offer varsity eSports. With an increasing number of institutions offering scholarships to the top high school video gamers, a single … Continue Reading

Video Game Network Patent Found to Be Patent Eligible – Not an Abstract Idea

The Federal District Court in Delaware recently denied a motion to dismiss a patent infringement case involving a video game networking technology patent based on the patent allegedly being  invalid for lack of patent-eligible subject matter under 35 U.S.C. § 101. Despite all of the recent press regarding the so-called Alice test, which revised the … Continue Reading

eSports League Expands with Addition of NFL Owners and Cloud9

Activision Blizzard’s Overwatch League gained two new teams this month as Stan and Josh Kroenke, owners of the Los Angeles Rams and numerous other professional sports franchises, and Jack Etienne, founder and CEO of American eSports organization Cloud9, each acquired a team in the expanding league. The team acquired by Stan and Josh Kroenke will … Continue Reading

Important Open Source Ruling Confirms Enforceability of Dual-Licensing and Breach of GPL for Failing to Distribute Source Code

A recent federal district court decision denied a motion to dismiss a complaint brought by Artifex Software Inc. (“Artifex”) for breach of contract and copyright infringement claims against Defendant Hancom, Inc. based on breach of an open source software license. The software, referred to as Ghostscript, was dual-licensed under the GPL license and a commercial … Continue Reading

Fantasy Stock Picking Contest Deemed by SEC to be Illegal Security-based Swaps

The SEC shut down a “fantasy” stock picking game for allegedly violating securities laws. Forcerank LLC ran contests via mobile phone games where players paid a fee and predicted the order in which 10 securities would perform relative to each other. In each week-long game, players won points based on the accuracy of their prediction, … Continue Reading

NJ Gets Shut-out on Sports Betting

New Jersey’s sports betting law was struck down by an Appellate court decision. The court held that PASPA (the Professional And Amateur Sports Protection Act) prohibits states from authorizing by law sports gambling, and that the NJ law violates the federal law for purporting to do so. The court also ruled against a constitutional challenge … Continue Reading

Pokémon Go…es To Court!

Hugely successful games attract lawsuits. Pokémon Go has been hugely successful and, predictably, has attracted a lawsuit. In a recently filed class action, a plaintiff has alleged that a number of the GPS coordinates that Defendants had designated as Pokéstops and Pokémon gyms were, in fact, on or directly adjacent to private property, and that … Continue Reading

The New Face of eSports Venues?

As eSports continues its meteoric growth, its ecosystem continues to evolve. The new arena where the Sacramento Kings will play professional basketball when the 2016-17 season begins was designed to be “the most technologically advanced arena in the world, so it’s perfect for eSports,” said the teams co-owner Andy Miller.  The $507 million Golden 1 … Continue Reading
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