Second presentation by the law firm PCS Avocat at the Gaming Campus (Lyon) on the topics of video games and esports.
On October 2nd, the first seminar focused on the important issue of esports players and the protection of their safety and health.
On October 4th, Pierre Xavier Chomiac de Sas then presented the legal issues and challenges associated with the ownership of video games and their in-game content.
This training is part of the growing conflict between publishers and players regarding the true nature of the rights granted in the consumption of video games. This training also resonates with the recent petition launched by a group of players against Ubisoft, denouncing the shutdown of the servers for the video game title “The Crew” [our presentation of the topic].
Video game ownership: a complex system according to case law
Numerous national and European decisions in recent years have clarified the legal framework for software and digital works, as well as the conditions of access for users and consumers.
The unique status of video games, defined by case law as complex works, involves navigating between these different legal regimes. This has the consequence of complicating, particularly for players, the actual rights associated with the video games they consume.
Video game ownership: Purchase or license
As a continuation of this discussion, the issue of selling and reselling games, in-game items, and other elements related to their consumption continues to frustrate players, who are convinced they can freely resell purchased or earned content.
It is important to note a growing confusion regarding the true nature of the legal relationship between publishers and users concerning access to and use of their video games.
This confusion stems primarily from the terminology used in commercial offers associated with the virtual items offered. Presented overwhelmingly as “purchases” of items or “currency,” contractual documents consistently and explicitly refer to usage licenses.
Furthermore, publishers grant themselves the broadest possible prerogatives regarding access to and use of their property by the widest possible range of users and players. In the 2000s, the video game metaverse “Second Life” was the subject of significant litigation related to its operation.
He was accused of fraudulent representation within the video game, firstly regarding the existence of real property rights – real estate[1] – and secondly regarding financial transactions related to the valuation of certain objects[2].
Video game ownership: the risks publishers face regarding gambling
Beyond the associated financial profitability, the ownership of virtual goods is a major issue for publishers, given the consequences of the alienability of the products and services offered and the potential legal reclassification associated with the ownership of these goods.
The ability of players to buy and resell virtual goods obtained within video games, potentially realizing a capital gain, would dangerously bring video games closer to being classified as gambling and would trigger a much stricter regulatory framework for publishers: combating addiction, moderating gameplay to address player abuse, a possible approval process for all games by the French National Gaming Authority (ANJ), and even, in some cases, enforcement of the ban on gambling for minors.
Video game ownership: increasing protection for publishers and studios
Frequently, many video game studios prosecute all creations offered by fans, particularly those providing emulators of their games or alternative versions of video game titles – fan-made games – which publishers consider to be pure acts of copyright infringement.
Nintendo has particularly distinguished itself in recent years in its fight against all counterfeit content accessible from online platforms.
See our dedicated summary for more information on these topics.
[1] Evans v. Linden Research Inc., C.V. 10-1679 (E.D. Penn.) (15 avril 2010).
[2] Bragg v. Linden Research, Inc., C.V. 06-4925 (3 octobre 2006), 487 F. Supp. 2d 593 (E.D.Penn. 2007).
