On June 5th, the law firm PCS Avocat was invited to Wanadev’s offices to discuss the challenges of using artificial intelligence systems in the video game industry with several industry professionals.
Those present to discuss these topics included Samuel Patou, IT project manager specializing in AI at the Adeo Group; Nicolas Nguyen, founder of Semji, an AI solution for producing and optimizing web content; Come de Percin, founder of Wanadev; and Alexandre Daubois, lead developer.
Many questions from professionals focused on the legal implications of using these tools. PCS Avocat has previously participated in a training session for marketing and communication consulting agencies on the topic of artificial intelligence and intellectual property.
The subsequent discussion period allowed various professionals in the field to meet and share their experiences and questions regarding the different technical and legal aspects of artificial intelligence.
This event also provided an opportunity to discover the latest video game title from Wanadev: “Vestiges: Fallen Tribes.”
Find the full Meetup online.
Video game law: artificial intelligence
Legally, the concept of artificial intelligence and the tools used to implement it lack a clear and consistent definition. In fact, the distinctions between algorithmic artificial intelligence on the one hand and deep learning machines on the other greatly complicate the classification of AI systems and their respective applicable regulations.
As is often the case, new technologies are developing faster than the appropriate regulatory framework. It is within a framework of co-regulation that all stakeholders participate in establishing best practices and protecting users.
Use of artificial intelligence by video game studios
The video game industry has quickly benefited from the use of artificial intelligence systems in various fields:
- Given the development costs of video game titles, their lifespan and player engagement are major concerns. Artificial intelligence algorithms have been developed to study and influence player behavior in order to optimize their gaming experience.
- The development of non-player characters has also been greatly enhanced by machine learning AI tools, which have been able to create more realistic and expressive non-player characters, further promoting a more immersive video game experience.
- More recently, several video game studios have also been able to use AI to generate artistic content—computer code, graphic elements, text, sounds, and sound effects—more quickly in order to accelerate video game production.
Released at the beginning of 2024, the game “PalWorld”, published by the Japanese developer Pocket Pair, was plunged into the heart of a controversy concerning considerable similarities between the game’s content and creations from the Pokémon universe: the publisher had thus confessed to having generated many characters on its video game using artificial intelligence tools whose models can easily be imagined for its development.
Databases, AI and video games: What can be used and what can be protected?
The creation of databases used for training machine learning tools is subject to two main challenges: firstly, the intellectual property rights associated with the database itself, and secondly, obtaining the necessary licenses for such use.
Since 2019, data mining has benefited from an exception to copyright and database producer rights, allowing for the large-scale analysis of texts and data. This is intended to promote open data. In the absence of an objection from the author, this data mining is, in principle, authorized.
Video game developers wishing to use such artificial intelligence systems must therefore be vigilant regarding information about the databases used for AI training, in order to monitor or prevent the risks of counterfeiting, unfair competition, and breaches of confidentiality.
Litigation and database licensing
Significant litigation has developed in recent years on this subject: one example is the recent lawsuit filed by the New York Times against OpenAI and Microsoft for copyright infringement related to their news content. In the realm of image rights, a similar dispute pits several artists against the artificial intelligence databases Midjourney, Stability AI, and DeviantArt, requiring the latter to disclose their databases.
The operators of artificial intelligence tools are thus facing a conflict already pitting search engines against media groups.
In this context, a proposed US law aims to require companies to disclose the training data of their generative AI models, applying retroactively to those already made publicly available.
Negotiations for the granting of usage licenses are currently underway, foreshadowing the future of the artificial intelligence ecosystem.
Video games and artificial intelligence: the legal pitfalls
The ownership of creations generated by artificial intelligence tools also raises numerous questions.
At first glance, creations generated by artificial intelligence would not be eligible for copyright protection, as they do not meet the originality requirements stipulated by the Intellectual Property Code. This is compounded by the difficulty of identifying an author whose personality is evident in the creation.
However, it might be conceivable to grant authorship to the user of an artificial intelligence tool, provided they can justify all the personal steps they took in creating the work with the help of that tool.
In the context of video game development, many publishers include clauses in their contracts explicitly prohibiting developers from using artificial intelligence tools. From an evidentiary standpoint, it currently appears very difficult to prove the use of artificial intelligence tools in content production, particularly regarding computer code.
While it is conceivable that a legal risk exists regarding the exploitation or reuse of content protected by intellectual property rights, only access to the databases of these tools would allow for a reliable identification of the protected works potentially being used.
Artificial intelligence and personal data
Regarding the protection of personal data, the applicable regulations (GDPR) require all professionals collecting and processing this data to guarantee that data subjects are informed and can exercise their rights under the conditions stipulated by law. As a reminder, these rights include, in particular, the rights of access, rectification, data portability, and even erasure and deletion.
It also requires developers to ensure that they only collect data deemed relevant to the development of their products. Bound by a legal obligation to ensure the security of personal data protection, studios must exercise particular vigilance.
Finally, the misuse of artificial intelligence tools that can be used to create deepfakes could expose developers to civil and criminal penalties.
Lawyer – Video Game Law
Specializing in digital law, PCS Avocat has been advising video game publishers and studios on all legal issues related to their activities for over ten years. We also provide support and training to all professionals in the use of new artificial intelligence tools.
We were very pleased to have the opportunity to discuss esports contracts with Wooloo and Shaolan during a Twitch live stream, which allowed us to answer viewers’ questions. We covered:
- The various existing contracts in esports that regulate the relationships between publishers, organizations, players, broadcasters, and event organizers;
- The rights of players and staff, particularly regarding health protection;
- The regulations governing verbal agreements, poaching, and player transfers/buyouts.
Founded by Brieuc Seeger – an esports journalist specializing in League of Legends and an influencer known as “LEC Wooloo” – Sheep Esports aims to redefine esports journalism, especially on the international stage.
In this context, a presentation was prepared with Vincent “Shaolan” Bodelin, HR at Fnatic, former manager of the Mirage Elyandra organization, and esports consultant. He shared his experience working within large international organizations in the LEC circuits, as well as his HR expertise in the sector.
Me Chomiac de Sas, a specialist in digital law and involved in esports law for ten years, discussed the legal practices and challenges associated with the sector.
Twitch Live Stream – Contracts in Esports
Find the interview content on Twitch
Artificial Intelligence – Xavier Niel and Pierre Hoffman
On May 28, 2024, the Paris Bar Association, represented by its President, Pierre Hoffman, organized a conference on the topic of artificial intelligence (AI) and the role of lawyers in the development and use of these new tools. Entitled “A Free-Faced Discussion: AI and Lawyers!”, the conference benefited from the invaluable presence of Xavier Niel, who shared his experience and insights on these subjects.
Discussions covered topics such as predictive justice, lawyer ethics, training, the importance of knowing how to ask the right questions, the biases inherent in AI algorithms, the opportunities offered by AI, and the challenges posed by this intelligence.
From GPT chat to the startups of tomorrow, from Station F to the Paris Bar Association Incubator
Congratulations to the Incubator and its members Mathieu Bui Debora Cohen Pierre-Xavier Chomiac de Sas Arnaud Jambon Dounia Benzekri Eric Le Quellenec“
Artificial Intelligence – Paris Bar Association Incubator
To ensure, on the one hand, an understanding of the new technological services offered by LegalTechs and, on the other hand, the involvement of professional bodies in this sector, the Paris Bar Association created the Paris Bar Incubator (IBP) in 2014, designed to guide and support legal innovation within the legal profession.
Since then, the IBP has diversified its activities: in addition to its initial work on the legal challenges of the digitalization of society, through the organization of events and conferences on these topics, the IBP has established the first legal startup incubation program for lawyers.
Each year, the Incubator, with its network of partners and with the support of specialized service providers, supports several projects launched by Parisian colleagues bringing technological innovation to access to justice or to services for law firms: accessibility of legal information, assistance with GDPR compliance, calculation of personal injury, connecting clients or professionals, etc.
Two opposing trends emerged in the projects supported by the IBP:
- “IN” innovation: projects that improve the productivity and/or profitability of the lawyer or firm leading the project, and therefore primarily benefit their existing or potential clients;
- “OUT” innovation: projects that can be used by other colleagues or other players in the legal market.
The strength of the incubated legaltech companies lies in the lawyers leading the projects, who leverage their areas of expertise to provide legitimate knowledge and extensive experience in the field, reinforced by the safeguards provided by the applicable professional rules, particularly regarding professional secrecy.
Incubated projects. Since 2018, around thirty legaltech projects, led by lawyers, have benefited from the support of the Paris Bar Incubator. Some of the incubated projects have since left the bar to devote themselves fully to the commercial development of their solutions, while others have fully integrated them into their daily practice.
Amaury Sonet Nejma Labidi Vanessa Bousardo Benjamin Pitcho Annabel Boccara Thierry Gontard Valérie ROSANO Christian Dargham
On April 22nd, Mr. Chomiac de Sas once again spoke at the Paris Bar School as part of this seminar dedicated to influencer law.
During this training session, numerous issues were raised, particularly those related to:
- the status of influencers and the structuring of their activities;
- the classification of the contracts under which they are bound by their relationships with advertisers and agencies;
- the complex role of social media, the primary support and partners of influencers;
- recent legislative action, through numerous bills implemented by the law of June 9, 2023, has provided a more precise legal framework for the activity of “commercial influencer.”
Numerous practical examples were subsequently analyzed, notably addressing the issue of deep fakes, the cybersecurity of influencers, drop shipping practices, the activity of influencers carried out by minor children, and the difficult qualification of tax treatments for the forms of income of influencers.
Digital Law: Influencers, Esports, and Lawyers’ Communication
These interventions continue PCS Avocat’s participation in the training cycle offered at the beginning of the year by the Paris Bar School on the topics of digital law.
Droit des jeux vidéo et Esport
Usages & pratiques Communication et déontologie de l’avocat
Droit des metavers & réalité virtuelle
We thank all the colleagues present who, through their questions and reflections, made this a particularly enriching exchange.
On April 22nd, Mr. Chomiac de Sas offered a seminar to lawyers of the Paris Bar Association on the challenges of using social media for lawyers.
At the EFB (Paris Bar School), the training session presented the legal framework applicable to lawyers’ communication and advertising before detailing the various forms this can take: personalized solicitation, websites, related business activities, and social media.
With the increasing use of technological tools in contemporary society, social media represents a major asset for lawyers, provided they have prepared and identified both their communication strategy and the resources needed for its implementation.
This involves defining both the intended content—legal information, promotion of the firm’s activities, building a professional network, etc.—and the relevant social media platforms for disseminating this information—Facebook, Twitter, YouTube, Twitch, Instagram, Snapchat, TikTok, etc.
Digital Law: Influencers, Esports, Metaverse and Social Networks
These interventions continue PCS Avocat’s participation in the cycle of training courses provided at the beginning of the year by the Paris Bar School on the topics of digital law.
Droit des jeux vidéo et Esport
Usages & pratiques Communication et déontologie de l’avocat
Droit des metavers & réalité virtuelle
We thank all colleagues present in person and remotely for their attention and contributions.
Training – Law of Metaverse Reality On April 23, 2024, the Paris Bar School hosted Me Chomiac de Sas for a training session dedicated to the legal issues associated with the development and use of virtual and/or augmented reality tools, as well as the use of virtual universes, also known as “metavers.”
Presenting technological advances dating back to the 19th century in the field of immersive experiences, the seminar focused on showcasing the wide variety of existing online platforms that meet the criteria for defining a metaverse, including: a persistent and synchronous universe accessible to a large number of users engaged in a form of socializing experience, represented as avatars.
The training provided an opportunity to discuss numerous uses of virtual or augmented reality tools, particularly in the automotive field, sports or esports simulation, as well as in more playful or educational forms.
Digital Law: Influencers, Esports, Metaverse and Social Networks
These presentations continue PCS Avocat’s participation in the series of training sessions offered earlier this year by the Paris Bar School (EFB) on digital law.
Find our other presentations at the EFB:
Droit des jeux vidéo et Esport
Usages & pratiques Communication et déontologie de l’avocat
On April 23, 2024, the Paris Bar School hosted Mr. Chomiac de Sas for a training session dedicated to the legal issues associated with the development and use of virtual and/or augmented reality tools, as well as the use of virtual worlds, also known as “metaverses.”
Presenting the technological advances dating back to the 19th century in the field of immersive experiences, the seminar focused on showcasing the wide variety of existing online platforms that meet the criteria for being considered metaverses, including: a persistent and synchronous universe accessible to a large number of users engaged in a form of social experience, represented as avatars.
The training provided an opportunity to discuss numerous applications of virtual and augmented reality tools, particularly in the automotive sector, sports and esports simulation, as well as in more recreational and educational contexts.
Digital Law: Influencers, Esports, Metaverse and Social Networks
These presentations continue PCS Avocat’s participation in the series of training sessions offered earlier this year by the Paris Bar School (EFB) on digital law.
Find our other presentations at the EFB:
Droit des jeux vidéo et Esport
Usages & pratiques Communication et déontologie de l’avocat
Many thanks to the staff of the EFB and the various colleagues who participated in our intervention.v
Attorney Chomiac de Sas answered questions from France Info as part of a publication dedicated to the Olympic Games and the security measures deployed for their surveillance. Our analysis.
Read the full article.
Preparations for the upcoming Paris Olympic Games have raised considerable concerns regarding the security of the events and the spectators. In this context, a series of legislative and regulatory measures have been introduced to propose, on an experimental basis, the use of digital surveillance tools, known as algorithmic or biometric, designed to analyze images from surveillance cameras or drones.
Find our dedicated publications.
In an article focusing on abuses observed in influencer content creation, Aurélien Defer and Louise Mohammedi interviewed lawyer Chomiac de Sas about the legal framework surrounding such practices and the associated risks under labor law.
The reclassification of services as employment contracts, the criminal charges of undeclared work, harassment, and even, in some cases, violations of human dignity, and the complex handling of intellectual property without contractual frameworks are all issues raised by the revelations in this case.
Minecraft & QSMP: Genesis of a community server
The QSMP private server, based on the Minecraft video game license, was created by the Mexican streamer “Quackity.” It features a live (written) translation module, allowing users from different countries to connect and communicate more easily. The server also incorporates numerous gameplay features to optimize the gaming experience for participants.
Building on the server’s success, many influencers from the video game industry have joined, leveraging the game’s features to offer original video game content to their communities. Several French creators have announced official partnerships, including Antoine Daniel, Baghera, Etoiles, and Aypierre.
Community-based video games: the hidden work of influencer fans
The creation, animation, maintenance, and moderation of the server, organized by Quackity and its subsidiary Quackity Studios, are delegated to teams of dedicated volunteers, fans happy to contribute to the project’s growth.
However, the demands and constraints associated with running the server have gradually distorted the nature of the relationship between the volunteers and Quackity. In this context, several volunteers are now claiming to have been exploited by the company due to the lack of contractual framework, compensation, or defined working conditions.
Read the full article on Le Monde’s website.
On March 25, 2024, Mr. Chomiac de Sas spoke at the Paris Bar School as part of the continuing legal education program for lawyers on topics related to communication practices and professional ethics.
Aimed at all lawyers, this seminar presented new digital practices for lawyers, while also reviewing the applicable legal and regulatory rules.
More specifically, the issue of lawyers’ presence on social media and the role of lawyers as influencers led to very interesting discussions.
Retrouvez toutes les informations de la formation
On March 25, 2024, Maitre Chomiac de Sas spoke at the EFB to present to colleagues the legal issues associated with video game law and its competitive counterpart called Esport.
Video game law: Complex works and copyright
The intervention of Mr. Chomiac de Sas presented the evolution of the legal qualification applicable to video games, successively considered as a work protectable by the rules of the Intellectual Property Code (AP, 7.03.1986, No. 85-91.465: William Electronic) then presented as dependent on a unitary software regime (notably Crim, 21.06.2000, No. 99-85.154, Unpublished: Midway / Mortal Kombat) before acquiring, through a ruling by the 1st Civil Chamber of the Court of Cassation, the contemporary qualification of a complex work characterized by a distributive regime (1st Civ, 25.06.2009, No. 07-20.387: Sesam v. Cryo).
Esports: legally regulated video game competitions
Revisiting the issues surrounding the potential for esports to be classified as a sport, the training focused on an approach to the legal challenges associated with video game competitions, examining the various stakeholders involved in their creation: game publishers, players and organizations, event organizers, and broadcasters.
Find our presentations related to video game issues.