Top Legal Issues inGamificationJanuary 20, 2011Jim GattoLeader - Social Media, Entertainment & TechnologyTel: 703.770.7754...
General Business ModelUser Experience/Business Opportunities                  vs.Protect Assets and Users/Avoid Liability
Examples User Experience – opportunities/impact of  sale of leveled-up accounts Business Opportunities/liability - Secon...
Virtual Currency          Micro transactions/         New Business Models                   vs.     Federal and State Regu...
Examples Ownership vs. License - Second Life  suit Virtual Currency Acquisition   sweepstakes/contests/gambling Prepay...
Virtual Goods Virtual Goods Transactions/Revenue                   vs.        Protect IP/Avoid Liability
Examples TOS Issues   Ownership v. Licensing   Changes that impact value Tax Issues – revenue recognition;  reporting...
User Generated ContentLeverage Users to create content/value                   vs.         Brand Risk/IP Liability
Digital Millennium Copyright Act    Service Providers     Content Creators                           Facilitates Take     ...
Other Game Mechanics    Leader Boards/Badges/Experts                  vs.               Liability
ExamplesLeader boards Give points (having value) for recommending  product/service to friends FTC regulations requiring ...
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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 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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The Elephant in the Room: Managing Legal Risk in Gamification & Virtual Economies - James Gatto

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

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