This document discusses some of the key legal and business issues that developers and publishers should consider when developing and distributing games internationally. It notes that there is little international harmonization in many areas of law. Development contracts, intellectual property, taxation, distribution structures, consumer protection, privacy, and age rating systems can all vary significantly between countries. The document provides examples of differences in approaches in countries like the US, EU countries, China, Japan, and others to illustrate the lack of uniformity. It emphasizes doing research into the specific rules of target markets.
Interactive entertainment lawyer Jas Purewal explains the top ten most frequently encountered legal mistakes by games developers, why they happen and what to do about them.
Four Weddings and a Funeral: Five Real(ish) Video Game Deal War StoriesJas Purewal
Video game lawyer and business advisor Jas Purewal takes you through five real(ish) war stories of video game deals, what did/didn't work, what we can learn from them and how to do better deals in the video games industry.
European/international eSports law - in 20 minutesJas Purewal
eSports and video games lawyer Jas Purewal provides a quick guide to some of the key issues affecting eSports in Europe and internationally (originally presented at the eSports Conference Berlin, Oct 2015)
Top 5 Legal mistakes that increase the risk of sanctions
Top 5 IT mistakes that can sink your case
How Legal and IT can work together to strengthen your case
Interactive entertainment lawyer Jas Purewal explains the top ten most frequently encountered legal mistakes by games developers, why they happen and what to do about them.
Four Weddings and a Funeral: Five Real(ish) Video Game Deal War StoriesJas Purewal
Video game lawyer and business advisor Jas Purewal takes you through five real(ish) war stories of video game deals, what did/didn't work, what we can learn from them and how to do better deals in the video games industry.
European/international eSports law - in 20 minutesJas Purewal
eSports and video games lawyer Jas Purewal provides a quick guide to some of the key issues affecting eSports in Europe and internationally (originally presented at the eSports Conference Berlin, Oct 2015)
Top 5 Legal mistakes that increase the risk of sanctions
Top 5 IT mistakes that can sink your case
How Legal and IT can work together to strengthen your case
Acta Mater 57 (2009) 559 Investigation Of The Indentation Size EffectDierk Raabe
Investigation of the indentation size effect through the measurement of the geometrically necessary dislocations beneath small indents of different depths using EBSD tomography
eSports business and law (in 20 minutes)Jas Purewal
How does eSports work as a business? What role do game developers and publishers play alongside eSports players, teams, leagues, sponsors and broadcasters? How is money being made and how will that evolve in the future? How is eSports regulated and how will that change? eSports and video games lawyer Jas Purewal will discuss these key business and legal topics, drawing on his experience advising a number of top European eSports organisations and games companies over several years. (THIS SLIDE DECK WAS ORIGINALLY PRESENTED AT CASUAL CONNECT EUROPE 2016).
Here is the keynote speech I delivered the 15th of September at the occasion of the opening of their new incubator in Brussels. A keynote to inspiring starting businesses and potential entrepreneurs ...
Acta Mater 57 (2009) 559 Investigation Of The Indentation Size EffectDierk Raabe
Investigation of the indentation size effect through the measurement of the geometrically necessary dislocations beneath small indents of different depths using EBSD tomography
eSports business and law (in 20 minutes)Jas Purewal
How does eSports work as a business? What role do game developers and publishers play alongside eSports players, teams, leagues, sponsors and broadcasters? How is money being made and how will that evolve in the future? How is eSports regulated and how will that change? eSports and video games lawyer Jas Purewal will discuss these key business and legal topics, drawing on his experience advising a number of top European eSports organisations and games companies over several years. (THIS SLIDE DECK WAS ORIGINALLY PRESENTED AT CASUAL CONNECT EUROPE 2016).
Here is the keynote speech I delivered the 15th of September at the occasion of the opening of their new incubator in Brussels. A keynote to inspiring starting businesses and potential entrepreneurs ...
The convergence of interactive entertainment and online gambling in EuropeJas Purewal
In this presentation, interactive entertainment and gambling lawyer Jas Purewal gives a brief overview of the games industry and convergence in Europe of these two industries, including the legal issues it faces
To introduce the importance of legal and regulatory issues to entrepreneurs
To consider the regulatory environments of the Asia–Pacific within which a new venture must exist
To examine intellectual property protection, including copyright, patents, trademarks and domain names
To recognise the important international protection regimes for intellectual property
To critically examine the IP practices of Asia–Pacific countries
To compare the common legal forms of business organisation in the Asia–Pacific, such as sole proprietorship, partnership and corporation
To be aware of the signals that foreshadow insolvency and bankruptcy
To examine the trend for environmental regulations that will affect business entrepreneurship
This chapter has a broad remit in considering the four types of legal and regulatory challenges that entrepreneurs will face in the Asia–Pacific region. We begin with a look at the various regulatory regimes that make up ease of doing business, from starting a company to closing it down. We then examine one of the most critical aspects for entrepreneurs: how to protect your intellectual property. Equally important is to then consider under what legal form to incorporate the firm. Finally, we look at regulations concerning climate change and global warming, regulations that are becoming increasingly troublesome for entrepreneurs. In typical legalistic style, we do need to note that the Asia–Pacific region includes many different countries and the scope of this text is limited to general knowledge. For specific information on legal matters particular to a country and your venture always seek the advice of appropriately qualified professional persons knowledgeable about the jurisdiction of your operations.
This presentation summarizes the legal issues which govern intellectual property licenses for non-fungible token ("NFT"). It describes the technology behind NFTs and how the major legal issues apply to NFTs, including copyright, trademark, UCC2, UCC12, securities law and licensing. The webinar can be found at https://www.dlapiper.com/en/us/insights/events/2022/event-series/lexology-cryptocurrency-webinar-series/29-september-2022/.
eSports: EU/international law and regulationJas Purewal
eSports, video games and tech lawyer Jas Purewal takes you through some of the key legal and business issues both within and outside eSports. Originally delivered at the eSports Conference in London, April 2016.
Game cloning: recent legal developmentsJas Purewal
This presentation looks at the difficult issue of cloning in video games: what does the law actually say? Is it right that cloning can't be stopped legally? By Jas Purewal, games lawyer at Osborne Clarke
Lodsys, the mobile patent wars and interactive entertainmentJas Purewal
An analysis of what's happening in the mobile patent world and its impact on the interactive entertainment/games industry, by games and technology lawyer Jas Purewal of Osborne Clarke.
EULAs and Terms of Service: what works and what doesn'tJas Purewal
An analysis of end user licence agreements/terms of service in games and tech: why we need; what works; and what doesn't. Delivered by games and tech lawyer Jas Purewal of Osborne Clarke.
Rams Garden Bahcelievler - Istanbul - ListingTurkeyListing Turkey
Implemented by Rams Global in Bahcelievler, the Rams Garden Bahcelievler Apartments includes 796 residences of different types from 2+1 to 5+1.
Next to the project, which will have 33 thousand square meters of green area, there will be 42 thousand 300 square meters of woodland. There will also be a 210-meter-long pond in the landscape of the project. There are 94.5 square meters of green space per flat.
Rams Garden Bahcelievler Apartments, which has 8 times more green space than the average of Istanbul with its 33 thousand square meters of green area located within a total of 75 thousand square meters, offers various housing options from 2+1 to 5+1.RAMS Garden has brought a lifeline to the construction industry.
Rams Global, which has signed projects in many places from Dubai to Phuket and delivered more than 20 thousand residences, is now starting new projects in Istanbul.
Rams Garden Bahcelievler is located 9 minutes from Metroport AVM, 5 minutes from Marmara Forum AVM, 12 minutes from Kazlıçeşme beach, 9 minutes from Yıldız Technical University, 7 minutes from Istinye University, 9 minutes from Ramada Hotel and Medicana Hospital.
https://listingturkey.com/property/rams-garden-bahcelievler-apartments/
Simpolo Tiles & Bathware
Tile ho,
toh Simpolo.
Since the first steps were taken in 1977, Simpolo Ceramics has carved its niche as a consistently growing organisation with unparalleled innovation and passion rooted in simplicity.
We endure gratification for every experience we offer, created to share something meaningful. It may not resonate with the majority, but that makes us a class apart. If only a handful were to understand the purpose of our existence, we would be proud to have found our believers. Rather, people with whom we can share our beliefs.
VISUALIZER
Design your space in your style with our very own Visualizer. Now, you can choose the tiles of your liking from our wide selection and see how they would look in a space. Select the tile from the multiple options and the visualiser will replace the surfaces in the image with the selected tiles. This way, instead of just your imagination, you can choose the tiles for your place by getting an actual picture of how they would look in a space. So, design your space the way you desire digitally and implement it in real life to get the best results!
You can also share this visualiser with others to help them design their space.
Committed to delighting customers with world-class ceramic products and services. Make Simpolo synonymous with the best quality and set new benchmarks of excellence for all stakeholders. Pursue best business practices with utmost integrity to make Simpolo an exciting organisation to work with, for vendors, channel partners, investors and employees alike.
Gain worldwide recognition in the field of ceramic building products through Research and Innovation and bring an enhanced lifestyle within reach for every household.
Discover Yeni Eyup Evleri 2, nestled among the rising values of Eyupsultan, offering the epitome of modern living in Istanbul.
With its spacious living areas, contemporary architecture, and meticulous details, Yeni Eyup Evleri 2 is poised to be the star of your happiest moments. Situated in the new favorite district of Eyupsultan, claim your spot and unlock the doors to a peaceful life alongside your loved ones. Nestled next to the historical and natural beauties of Eyupsultan, embrace the comfort of modern living and rediscover life.
Social Amenities:
Yeni Eyup 2 offers a life filled with joy with its green landscaping areas, gym, sauna, children’s play areas, café, outdoor pool, and basketball court. Reserve your place for unforgettable moments!
Reliable Structure:
With 1+1, 2+1, and 3+1 apartment options, Yeni Eyup Evleri 2 is designed with first-class materials and craftsmanship. The doors to a safe and comfortable life are here! Choose the option that suits you best and step into your dream home.
Project:
Yeni Eyup 2 is conveniently located, with Istanbul Airport just 26 minutes away, the Mecidiyeköy Metro Line 4 minutes away, and the Tram Stop 5 minutes away, making your life easier with its central location.
Location:
Your home is positioned in a privileged location, providing easy access to the city center, shopping malls, restaurants, schools, and other important places.
Yeni Eyup 2 offers 1+1, 2+1, and 3+1 apartment options designed to meet different needs. Find an option suitable for every lifestyle and open the doors to a comfortable life in your dream home.
https://listingturkey.com/property/yeni-eyup-evleri-2/
Recent Trends Fueling The Surge in Farmhouse Demand in IndiaFarmland Bazaar
Embarking on the journey to acquire a farmhouse for sale is just the beginning; the real investment lies in crafting an environment that contributes to our mental and physical well-being while satisfying the soul. At Farmlandbazaar.com, India’s leading online marketplace dedicated to farm land, farmhouses, and agricultural lands, we understand the importance of transforming a humble farmland into a warm and inviting sanctuary. Let's explore the fundamental aspects that can elevate your farmhouse into a tranquil haven.
The KA Housing - Catalogue - Listing TurkeyListing Turkey
Welcome to KA Housing, a distinguished real estate development nestled in the heart of Eyüpsultan, one of Istanbul’s most promising districts.
Just 10 minutes from the bustling city center, Eyüpsultan offers a serene escape with the convenience of urban living. The direct metro line ensures seamless connectivity to all parts of Istanbul, making it an ideal location for residents who seek both tranquility and vibrancy.
KA Housing boasts unparalleled accessibility, with proximity to Istanbul Airport only 30 minutes away, facilitating easy international travel. Effortless city access is guaranteed by direct metro and transportation links to Istanbul’s cultural and commercial hubs. Quick access to key metro lines connects you to every corner of the city within minutes, making commuting and exploring the city hassle-free.
The development offers luxurious living spaces with a range of unit layouts from 1+1 to 4+1, designed with meticulous attention to detail. Each unit features balconies or terraces, providing stunning vistas of Istanbul and enhancing the living experience. High-quality materials and superior craftsmanship ensure durability and elegance, while sound-proof insulation and high ceilings (2.95 m) offer comfort and sophistication.
Residents of KA Housing enjoy exclusive on-site amenities, including a state-of-the-art gym, outdoor swimming pool, yoga area, and walking paths. Entertainment options abound with a private cinema, children’s playground, and a variety of dining options including a café and restaurant. Security and convenience are paramount with 24/7 security, a dedicated carpark garage, and an IP intercom system.
KA Housing represents a prime investment opportunity with limited availability in a high-demand area, ensuring enduring value and potential for lucrative returns. Homes in this development provide exceptional value without compromising on quality, offering affordable luxury for discerning buyers. The construction is of the highest quality, built to the latest seismic and disaster resistance standards, ensuring safety and resilience.
The community and surroundings of KA Housing are enriched by close proximity to prestigious universities such as Haliç University, Bilgi University, and Istanbul Ticaret University, making it an ideal location for students and academics. The development is adjacent to the Alibeyköy stream leading into the Halic waters, offering serene natural escapes amidst lush greenery. Residents can enjoy the cultural richness of the area, surrounded by historical and cultural landmarks that blend leisure, nature, and culture seamlessly.
https://listingturkey.com/property/the-ka-housing/
Serviced Apartment Ho Chi Minh For RentalGVRenting
GVRenting is the leading rental real estate company in Vietnam. We help you to find a serviced apartment for rent in Ho Chi Minh & Saigon. Discover our broad range of rental properties in Vietnam.
For more details https://gvrenting.com/
The SVN® organization shares a portion of their new weekly listings via their SVN Live® Weekly Property Broadcast. Visit https://svn.com/svn-live/ if you would like to attend our weekly call, which we open up to the brokerage community.
The SVN® organization shares a portion of their new weekly listings via their SVN Live® Weekly Property Broadcast. Visit https://svn.com/svn-live/ if you would like to attend our weekly call, which we open up to the brokerage community.
Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus o...Joseph Lewis Aguirre
Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus on Public Safety as Job #1, Engagement, Wealth of HOA, Branding, Communication, Culture, Civic Responsibility
Sense Levent Kagithane Catalog - Listing TurkeyListing Turkey
Sense Levent offers a luxurious living experience in the heart of Istanbul’s vibrant Levent district.
This cutting-edge development seamlessly integrates modern design with natural elements, featuring live evergreen plants maintained by an advanced irrigation system, ensuring lush greenery year-round.
The building’s elegant ceramic balconies are both stylish and durable, enhancing the overall aesthetic and functionality. Residents can enjoy the 700m Sky Lounge, which provides breathtaking views of Istanbul and a perfect space to relax and unwind.
Sense Levent promotes a healthy and active lifestyle with a full gym, swimming pool, sauna, and steam room, all available in the building. The interiors are crafted with high-quality materials, ensuring a luxurious and inviting living space.
Designed with young professionals in mind, Sense Levent features 1+1 and 2+1 units with smart floor plans and balconies. The project promises high investment returns, with an expected annual return of 6.5-7%, significantly above Istanbul’s average ROI.
Located in the rapidly growing and highly desirable Levent area, the development benefits from ongoing urban regeneration projects. Its prime location offers proximity to shopping malls, municipal buildings, universities, and public transportation, adding immense value to your investment.
Early investors can take advantage of discounted units during the construction phase, with an expected capital appreciation of +45% USD upon completion. Property Turkey provides comprehensive rental management services, ensuring a seamless and profitable investment experience.
Additionally, robust legal support and significant tax advantages are available through Property Turkey’s licensed Real Estate Investment Fund. Levent is a dynamic urban hub, ideal for young professionals with its numerous corporate headquarters and shopping malls.
Sense Levent is more than just a residence; it’s a place where dreams and opportunities come to life. Contact us today to secure your place in this exclusive development and experience the best of Istanbul living. Sense Levent: Sense the Opportunity. Live the Dream.
https://listingturkey.com/property/sense-levent/
Rixos Tersane Istanbul Residences Brochure_May2024_ENG.pdfListing Turkey
Tersane Suites Residences is a luxurious real estate project located in the heart of Istanbul, next to the beautiful Golden Horn. This unique development offers hotel concept residences with Rixos management, making it the perfect choice for both homeowners and investors.
The Tersane Suites Residences offers a wide range of options, from studio apartments to spacious four-bedroom units, all designed to the highest standard. The suites are finished with high-quality materials and feature modern, open-plan living spaces, fully-equipped kitchens, and large balconies with stunning views of the city and sea.
One of the standout features of Tersane Suites Residences is the Rixos management, which provides a truly exclusive and upscale living experience. Residents will have access to a range of luxury amenities, including a fitness center, spa, and indoor and outdoor swimming pools. Plus, the on-site restaurants and cafes provide a taste of the local and international cuisine.
The Tersane Suites Residences also offers a great opportunity for investors, as it provides a rental guarantee program. This means that investors can enjoy a steady income stream, with the peace of mind that their property is being managed by a reputable and experienced team.
The location of Tersane Suites Residences is also unbeatable, with easy access to the city’s main transportation links and within close proximity to the historic center, making it the perfect base for exploring all that Istanbul has to offer.
3. osborneclarke.com
You don’t have to write this all down!
This presentation is available for viewing and download at:
www.slideshare.net/jaspurewal
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About Osborne Clarke
About Osborne Clarke:
• Osborne Clarke is an international law firm with over 550 lawyers working across 12
offices in the UK, Germany, Spain, Italy and Silicon Valley as well as a partner
network worldwide
Our interactive entertainment practice:
• Osborne Clarke is the leading interactive entertainment law firm in Europe
• We advise the full range of interactive entertainment businesses from small
developers to global publishers, platforms and distributors on all forms of interactive
entertainment
• We advise on legal issues in interactive entertainment including contracts, IP, privacy,
regulation, employment, corporate/tax matters, financing and disputes
• Clients include publishers and platforms such as Activision, Nintendo, Jagex,
Gameforge and Facebook and developers including Team17, Ninja Theory, Stainless
Games and Keen Games
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About Jas
• I'm an interactive entertainment and digital media lawyer at Osborne Clarke
– I advise clients from independent developers to publishers on
contracts, intellectual property, regulation and disputes
• I write and speak regularly on legal issues in interactive entertainment and
digital media, including on my blog: www.gamerlaw.co.uk
• I like Twitter: @gamerlaw
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Who are we talking about?
• 'International is a pretty big word
• Example: 'Europe' comprises over 40 countries
• The European Union only covers 27 of them
• Some countries contain multiple legal systems, e.g. UK has 3!
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Development: contracts
Virtually no international harmonisation (and only very limited EU
harmonisation)
Wide range of specific issues to consider under local law therefore
A few examples:
• UK: Unfair Contract Terms Acts 1977 regulates unfair B2B contract terms in
standard form contracts
• Germany does not require consideration for contract validity; by default,
USA and UK do (generally)
• Several countries have signing formalities even extending to notarisation
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Development: contracts
Governing law and jurisdiction
• International treaties, e.g. WTO, Hague Convention
• Supranational treaties, e.g. EU Brussels/Rome Regulations
• Don't assume national laws are in place
• Japanese law to amend certain parts of the Code of Civil Procedure and
the Civil Provisional Remedies Act (No 36, 2011) – in force 1 April 2012
(source: Nishimura & Asahi)
• A good rule of thumb is that any governing law and jurisdiction will take place
in the country ‘most closely connected (complicated to work out and there
exceptions even to that – e.g. e.g. China)
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Development: intellectual property
• Some international harmonisation via international treaties
e.g. Berne Convention, Universal Copyright Convention, TRIPS.
• But many differences in practice. Examples:
Copyright:
• Different international approaches to e.g. registration
requirements, moral rights, infringement, damages, fair use/dealing
• What’s going on re cloning?
•Tetris Holding Company LLC v Xio Interactive, Inc (Case 09-6115, USDC D.
New Jersey)
• SAS v World Programming (Case C-406/10, CJEU)
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Development: intellectual property
Trade Marks:
• Trade marks are country-specific (although note Madrid Convention and
Community Trade Marks)
Patents:
• Patents are also country-specific
• Software patents in EU
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Development: intellectual property
Practical tips:
• Consider IP protection/regulation formalities separately in each key market
• Standard catch-all "worldwide" wording in IP clauses – does it work?
– No direct authorities
– Likely to provide at least some persuasive assistance
– However, unlikely to evade any specific local requirements
• IP issues are separate to questions of governing law or jurisdiction
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Development and Distribution: Structure
Where is the best place for the development to take place legally?
• By default, where the majority of development takes place physically
• What about where the work is carried out internationally?
• How easy/difficult is it to do business in a particular country…?
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Development and Distribution: Structure
Again, wide differences between corporate vehicles in different countries:
• USA: LLC, LLP, Inc...
• UK: LTD, LLP, Plc...
• France, Switzerland… SARL, SA...
• Australia, South Africa: Pty Ltd...
• India: Pvt Ltd...
Is it useful/necessary, or unhelpful, to have a physical presence in a particular
market? (Cf Yahoo! Nazi Memorabilia case)
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Development and Distribution: Structure
What is the most tax efficient?
• Highly complicated!
• Key factors are local corporation tax, employment/social security/payroll contribution
and sales tax/VAT
• Tax breaks are another key consideration (e.g. Canada, France, soon UK)
• Country examples:
– Brazil: 34% corporation tax, sales tax 17-25%
– Australia: 30% corporation tax, 4-6% payroll, 10% sales tax
– Luxembourg: corporate tax 29.63% (BUT substantial IP savings), sales tax 15%
– Offshoring game development and/or the IP can be very valuable – but tricky to obtain
(and maintain)
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Distribution: Contractual
Distribution deals can present their own contractual issues
In particular, watch out for the EU Commercial Agents Directive (86/653/EEC)
• Grants 'commercial agents' wide powers during and after the agency
• Directive can effectively also covers distributors… sometimes.
• Among other things, makes termination for convenience terms significantly
less useful
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Distribution: Contractual
Some countries have their own local approaches, e.g. -
• distributor right of return in Germany
• use of standard software contracts in Sweden
• some countries do not recognise the work for hire principle (and using
governing law clauses doesn’t get around that)
• Russian developers can demand a non-exclusive licence over their work
• in China, software development or licensing are usually seen as ‘technology
import arrangements’ – requires local government authority approval
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Distribution: local best practice
Look for distribution rights in geographically proximate countries and/or
countries with a common language:
• e.g. 'Benelux', 'GAS', Malaysia & Singapore, Arabic-speaking countries
How are you actually going to distribute? Wheel or Hub?
• e.g. Amsterdam/Europe, Kuala Lumpur/SE Asia, South Africa/Africa
Political niceties can prove important:
• e.g. 'Cyprus', 'Korea'
Euro-collapse best practice:
• Which countries are you dealing with? Are they at risk?
• Do you have to use the Euro at all?
• Consider using currency conversion/suspension/termination provisions
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Distribution: local best practice
You monetisation model may be different in different territories:
• e.g. Starcraft 2: traditional pricing in West; subscription in Russia, Brazil
• Retain rights over as many revenue streams as you can, even if they do
not seem important in your home territory
Watch out for local law problems:
• e.g. Trade debtors' right of return under German law
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Distribution: advertising and marketing
Advertising and marketing law vary widely from country to country – no one size
fits all answer. Examples:
• UK introduced regulation of advergaming in 2010 (virtually no other countries have)
• France requires commercial advertising and packaging to be in French
• Typically breach constitutes a civil offence (unless of content laws, e.g. in Middle
East)
Advertising to children is particularly problematic
• Patchily regulated around the world
• Sometimes no rules at all, or a mix of legislation, cases and voluntary standards
• High likelihood of reform (especially within EU – "A Safer Internet for Children")
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Distribution: controlling your products
First sale/Exhaustion of rights issues – can you control release of your product in
a particular territory?
• Not often a substantial issue outside of US and EU
• Oracle v UsedSoft (C-128/11, CJEU 3/07/12)
Price maintenance: can you control your product's price?
• Complicated under EU competition law
– Broadly: minimum or fixed prices bad, recommended prices ok
• But that differs elsewhere
– e.g. Chinese AntiMonopoly Law: resale price maintenance only illegal if it restricts
or eliminates competition
– More subtle position in US than in EU?
• Your ability to control price maintenance is therefore heavily dependent on local law
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Consumers: consumer protection
The European Union has probably the most advanced/prescriptive consumer
protection system in the world:
• e.g. Unfair Terms in Consumer Contracts Directive, Unfair Contract Terms
Directive – make void any unreasonable consumer contract term (including
in EULAs):
– Mandatory Arbitration: X
– Unilateral risk allocation: X
– Liability limitation: X
• Other consumer-facing legislation, e.g. Distance Selling Directive: do
consumers have the right to return unwanted physical or digital products?
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Consumers: consumer protection
• Moves towards even stronger legislation –
– Example #1 - new Consumer Rights Directive (?)
• Originally intended to harmonise ALL EU consumer protection systems
• Now watered down to a limited maximum harmonisation package
• But work slowly continues to strengthen and harmonise EU consumer
protection law – e.g. draft Common European Sales Law or virtual
property/digital content proposed classification
– Example #2 – proposed Direction on Consumer ADR / collective EU
consumer redress
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Consumers: consumer protection
• Don’t overlook national law
• Some countries have even stronger laws, e.g. Germany – absolute
consumer right of goods return within 2 weeks
• Other major games markets tend to have well-developed, activist consumer
protection systems, e.g. Japanese Consumer Affairs Agency vs 'kompu
gacha' game mechanic (2012)
Patchy record elsewhere
• Few, or few enforceable, consumer protection laws in developing markets
though definitely not missing altogether –
– E.g. Indonesia: online T&CS only enforceable if fair and not misleading
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Consumers: age ratings
ESRB: USA
PEGI: 31 countries (European plus others including
Canada and Israel); mix of voluntary and mandatory usage
Most countries; local standards
• Australia: no 18+ rating at all (until August 2012) –
Left4Dead 2, Aliens v Predator
• Some countries stray into censorship allegations:
– e.g. Iran/Battlefield 3
– e.g. violent games legislation in Brazil, Venezuela,
Switzerland
Age gating?
You need to know about the German system...
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34. Distribution of indexed and non-indexed games in Germany
osborneclarke.de
(Offline distribution only)
Game
no yes
USK rated? Indexed? List A or B?
A
yes no B
18 rating? yes
Contents banned
by Criminial Code?
No distribution.
no yes no
yes
Contents "severely" Distribution OK, but
youth-endangering? restrictions apply,
Distribution
and advertising no including:
OK, no sale to
• No over-the-counter sales
minors under Distribution and
the relevant advertising OK, • Restrictions on advertising
age but restrictions on
distance selling, and • Restrictions on distance
no sale to minors selling
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Consumers: privacy
Again, EU has an advanced/prescriptive system:
• Series of statutes: Data Protection Directive, e-Privacy Directive, Cookie
Directive...
• Structured around 8 key data protection principles
• Fundamentally focuses on the protection of ‘personal data’ / ‘sensitive
personal data’
• Particular focus on gathering of data from minors under 13
• Strict prohibitions on third party data transfer
• Range of national regulators with different enforcement powers
• HUGE reform/change is incoming...
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Consumers: privacy
Different approaches worldwide:
Examples -
•Turkey: no meaningful data protection law at all yet
• Japan: mixture of laws (applying to substantial use – e.g. Databases
exceeding 5k users) and persuasive guidance. Broadly similar to EU approach
– e.g. Use of ‘personal data’; limited use; requirement of explicit consent;
limited transfer
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Other issues
Examples of other matters to be aware of:
• Gambling
• Product liability
• Fraud
• Banking/financial services
• Employment practices
• Disputes
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Thanks!
Marketing > Fotos > PP_Pitch >
Kontakt 2
Jas Purewal
Senior Solicitor
London, UK
T +44 (0) 207 105 7268
Jas.Purewal@osborneclarke.com
Twitter: @gamerlaw
www.osborneclarke.co.uk
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