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The Elephant in the Room: Managing Legal Risk in Gamification &  Virtual Economies - James Gatto
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The Elephant in the Room: Managing Legal Risk in Gamification & Virtual Economies - James Gatto

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In this rapidly changing legal and regulatory environment, new issues are arising weekly, and there's a lot you need to know to manage risk. From bank secrecy to gift card laws to the local, national …

In this rapidly changing legal and regulatory environment, new issues are arising weekly, and there's a lot you need to know to manage risk. From bank secrecy to gift card laws to the local, national and international stage, gamification is rewriting the legal landscape. Hear from James Gatto, Partner at Pillsbury, Winthrop, and one of the world’s leading experts on this topic. He will share his expert knowledge of the latest risks, opportunities and strategies to manage virtual goods, economies and communities in our gamified world.

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  • 1. Top Legal Issues inGamificationJanuary 20, 2011Jim GattoLeader - Social Media, Entertainment & TechnologyTel: 703.770.7754Email: james.gatto@pillsburylaw.comPillsbury Winthrop Shaw Pittman LLP
  • 2. General Business ModelUser Experience/Business Opportunities vs.Protect Assets and Users/Avoid Liability
  • 3. Examples User Experience – opportunities/impact of sale of leveled-up accounts Business Opportunities/liability - Second Life suit Protect Assets – common misperceptions re patent protection; untimely copyright filings; misplaced reliance in “work for hire”
  • 4. Virtual Currency Micro transactions/ New Business Models vs. Federal and State Regulations
  • 5. Examples Ownership vs. License - Second Life suit Virtual Currency Acquisition  sweepstakes/contests/gambling Prepayment – gift cards/stored value
  • 6. Virtual Goods Virtual Goods Transactions/Revenue vs. Protect IP/Avoid Liability
  • 7. Examples TOS Issues  Ownership v. Licensing  Changes that impact value Tax Issues – revenue recognition; reporting IP Infringement
  • 8. User Generated ContentLeverage Users to create content/value vs. Brand Risk/IP Liability
  • 9. Digital Millennium Copyright Act Service Providers Content Creators Facilitates Take Limit liability Downs Must strictly comply Must strictly comply Misuse liability
  • 10. Other Game Mechanics Leader Boards/Badges/Experts vs. Liability
  • 11. ExamplesLeader boards Give points (having value) for recommending product/service to friends FTC regulations requiring disclosure for paid endorsements

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