Author Archives: admin

The Videogame Industry Is Increasingly Using Access to Online Features As a Means to Circumvent the Problems Posed by the First Sale Doctrine

Since their inception, the videogame rental and used videogame markets have been thorns in the side of the videogame producers because: (1) videogame producers do not generate any revenue from either game rentals (other than the initial sale of the … Continue reading

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The Supreme Court Weighed in on Criminalizing the Distribution of Violent Videogames in Brown v. Entertainment Merchants Association

Earlier this week the Supreme Court issued its decision in Brown v. Entertainment Merchants Association, — S.Ct. —, 2011 WL 2518809 (June 27, 2011).  There, the Supreme Court affirmed a Ninth Circuit decision striking down a California statute that criminalized … Continue reading

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Observations About the John Madden Football Antitrust Litigation: Entry 4 – Defining the Relevant Market for John Madden Football

What is the “relevant market” for a videogame?  To prove antitrust violations based upon illicit monopolization – which is what the Plaintiffs in the John Madden Antitrust Litigation are attempting to prove– an antitrust plaintiff must define the market that … Continue reading

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Observations About the John Madden Football Antitrust Litigation: Entry 3 – A Question of Innovation

Does the acquisition of an exclusive license help or hurt innovation in videogames?  The issue of innovation in the John Madden Football lawsuit is a key theme for both parties.  The plaintiffs argue that EA’s acquisition of the exclusive license … Continue reading

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More practical yet unintended uses for Microsoft’s Kinect discovered

Following up on our recent blog entry about the many unintended, yet practical uses for Microsoft’s Kinect, it appears that even more uses for this wonder device have been discovered. The Canadian Online Explorer reports that a group from Toronto … Continue reading

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Would a “reasonable consumer” believe that he or she is entitled to a free DLC offer that is advertised on the original packaging of a game when purchasing a used copy of that game?

The sale of used videogames is big business.  And like most big businesses, it is a target for lawsuits.  Retailer GameStop has recently been hit with several purported class-action lawsuits in which game consumers allege that the company is deceptively … Continue reading

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Microsoft’s Kinect overtakes the iPad as the world’s fastest selling device. (And it is well positioned to continue its sales dominance.)

Microsoft has sold over 10,000,000 units of its Kinect sensor system since the device was launched in November of last year.  This impressive 60-day adoption rate is good enough to outstrip the previous world record for adoption after launch in … Continue reading

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PlayStation 3 Import Ban Lifted

PlayStation 3 Import Ban Lifted. An import ban prohibiting Sony from importing PlayStation 3 consoles into the Netherlands has been lifted by a Dutch court. The significance of this ruling for Sony cannot be understated, as Sony uses its Dutch … Continue reading

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Observations About the John Madden Football Antitrust Litigation: Entry 2 – Plaintiffs’ theory of harm may be undermined by industry-wide videogame pricing practices.

The videogame industry is characterized by industry-wide pricing. At the heart of this lawsuit is industry-wide pricing policy for videogames. Any gamer can confirm that brand new, premium games for the Xbox 260 and PS3, such as John Madden Football, … Continue reading

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Do I Need To Register My Trademarks?

I get the question all the time (not just in relation to videogames) – what is a trademark and do I need to register it? There is no “right” answer, but instead, one needs to consider a variety of factors … Continue reading

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