This is a spot for questions for Tom…industry Business and Legal, IGDA stuff, philosophy, suggestions for rants or article topics, offers for hot sex…whatever you like.
Have at it. But don’t be too surprised if you get a smartassed answer! Sometimes that’s the only kind of answer I have…
This from - kyzzzz@gmail.com and a three letter log on name - kyz (WTF is that all about anyway?).
“Is your firm considering hiring any associate attorneys now or in the near future?”
Comment by Tom B — August 3, 2006 @ 2:11 pm
This is hardly a business and legal guestion of general interest…but since you asked…No. I am not looking to hire any associate attorneys. And if I was I would not hire one from a chickenshit law firm like Moss and Barnett in of all places - Minnesota!
What were you thinking taking a job there anyay?
Tom B
Comment by Tom B — August 3, 2006 @ 2:11 pm
Seriously…I went with a firm like yours when I first got out of law school and the experience there gave me a great foundation for my present practice. Just don’t stay too long or take their BS too seriously. And remember you “serve the client’s interests”…not “serve the client with gravy and mashed potatos on the side”…if you get my meaning!
But I’m still not hiring right now….
Comment by Tom B — August 3, 2006 @ 2:34 pm
Tom,
I’ve got a distributed team working remotely on an Indy project. My issue is with regard to NDAs and their legitimacy across national boundaries. Do you know of a good way to get an affordable NDA which will adequately cover team members in the UK, the USA and Canada?
Thanks.
Comment by Cael — August 4, 2006 @ 10:18 am
Cael
I moved your question to the main blog for my response.
http://gameattorney.com/blog/?p=39
Tom B
Comment by Tom B — August 4, 2006 @ 11:19 am
Any advice for law students on how to enter the market for video game law? Anything you look for (or know potential employers look for) regarding courses, life experience, etc.? I’m interested in working as in-house council eventually, so any advice that can lead in that direction would be appreciated.
Oh, and how’s the Mini like Seattle summers? Color me jealous.
Comment by Tenchuu — September 6, 2006 @ 6:31 pm
Technu
Well I am not sure. I know how I did it…but I am not too sure that woudl help anyone else. I guess the best thing to do is attend Game Industry functions and network with developers. Don’t be ashamed to let them lknwo you are an attorney and that you would love an inside job.
Learn as much as you can about the business of Games. Developers already know how to make them, but many need help with the business part, even if THEY don’t think so. Deliver value whenever you can. And become the best attorney you can in the mean times. These guys need it!
Hope that helps….
BTW…the move to Seattle is next week…so I guess I’ll have to wait for next summer.
Comment by Tom B — September 6, 2006 @ 6:54 pm
Hello Tom,
I am not sure what happened to the post on here regarding a question I had earlier this month. But here it is again.
Recently I got banned from playing an MMORPG game called Lineage 2. NCSOFT NA is the publisher. After 3 years of playing this game legitimately and without breaking any rules, I was told via email that I was banned due to illegal 3rd party software use to cheat in the game OR that I had been advertising the use of it.
The letter I received is very obscure as to the actual reasoning behind why I was banned. I have also pre-paid for my subscription fee up front and being banned I asked for a refund for time I did not play. They have refused me this also.
I have tried to contact these people via their customer support but for their Account Support section they only allow for emails and will not talk to you on the phone or by any other means. I have tried for weeks to try to talk to a live person to settle this misunderstanding, but they refuse to talk to me and say that the only means of communication with their account support is through their email, ticket/support web interface.
I am dumbfounded as to how a gaming company can be this irresponsive toward their paying customers. How they can just write them off like this without any accountability on their part.
Do you think I have a legal case against NCSOFT, if I decide to pursue the matter in court?
Comment by Peter — May 31, 2007 @ 7:45 pm
Technically, you may have a legal case…but if so it’s probably going to be fore the unused portion of your subscription…which is probably about $100-200 max. So, no lawyer would ever take your case alone, unless you paid them. And that would cost you 10,000’s of dollars. Maybe a class action suit if there were enough people in the same position that you are…but I don’t do that sort of stuff and those who do are picky about their battles.
You might try a few local (in your state) consumer advocacy groups, the state attorney general’s office, or even the Federal Trade Commission.
Other than that, your pretty much screwed, IMHO.
Tom B
[NOTE: I originally deleted this post because I felt it was way outside the scope of the questions I was willing to consider. But since you submitted it a second time, after I sent you private reply, I figured that I might as well post it, just in case anyone else was interested. Guess perseverance counts around here!]
Comment by Tom B — June 1, 2007 @ 12:35 pm
Tom, I’m so glad that I came across your site!
I am one of the admins of a British BF2 Clan.
We are currently having a bunfight over the legality of having a “Donations” section (the same as most clans), to help pay for our game server and Ventrilo server in much the same way that most clans do.
Is this legal? Obviously we aren’t a charity and as such I can’t find any ruling on this that covers “Gaming Clans” asking for donations from the public that use our server.
Any comment would be appreciated, we are quite a small clan and frankly, we are struggling with the costs involved.
Ben
Comment by Ben — April 5, 2008 @ 11:46 pm
Is this question for Tom, The Game Attorney, Buscaglia or for FaTe[F8S] Supreme Warlord of clan FaTe’s Minions? We actually played competitive BF2 for several years…what’s your tag?
First off, this is not a legal opinion…as I am not qualified as a tax lawyer, and certainly not at all congnizent of UK tax law. But I have run a clan for years and been involved with this stuff…so here are my thoughts, for whatever they’re worth.
If you guys just pool your money and get a server, that’s one thing. But when you start accepting donations (which are not really “donations” but gifts) from others to play on your server there is a possibility that a taxing authority would look at the person receiving these gifts are receiving income and then ask them to pay the tax on that income, plus some sort of penalty for late payment of something like that. After all, if you accept these gifts, someone has to get the money and then pay out. So there would be a money trail so it’s possible.
In reality, I suspect that it would be unlikely that anyone would care. If it was done through a business account, it would show up as a zero sum transaction because eventually all the money in would go out. If done through an individual it could be treated as income.
Either way, I don’t think it would be the sort of thing you’d go to jail for, but you could end up getting you hand slapped and fined or something like that, in a worse case scenario.
At least that’s my best guess…
GL and HF!!!
P.S. If you guys ever player Tribes, my son is doing a legacy game at Garage Games called Legions that will be going open beta in a few weeks. It loads and plays through a browser and you guys might find it a pleasant diversion…as it totally kicks ass, Check it out as www.instantaction.com!
Comment by Tom B — April 6, 2008 @ 8:32 am
Anyone can play on the server, it’s public. Any donations (or gifts) received would go into the pot to help pay for the game server and the Ventrilo (VOIP) server, which is also open to the public.
They would purely be “Donations to help keep the server running”, as is stated on other clan sites. There would be no special status for those donating.
Comment by Ben — April 13, 2008 @ 10:41 am
Hi I have been playing an mmorpg game game called Lineage2 for no real reason my account was banned for third party program or advertising of game currency or power lvling . which I didi none of. All my attemps to contact them basically is blowing me off. Iam not seeking to get paid for services refunded to me but getting my account back that I spent 3 yrs of my life building and spent monthly fees to play. Is ther any way that your firm can help to get account activated again?
Comment by Tim — May 20, 2008 @ 9:02 am
No….
Comment by Tom B — May 20, 2008 @ 9:19 am
Hey Tom,
I am currently current First Year Law Student in New Jersey, who has questioned his desire to be a lawyer several times. I am an avid gamer, god-awful attempted to developer, and connoisseur of technology in general. In all honesty, you are one of the inspirations that have convinced me not to abandon my dream of becoming a lawyer for a more noble profession, such as a manure shoveler.
All joking aside, you have shown me that while there likely can only be one “The Game Attorney”, it is possible to use a legal education in such a way that it coincides with your passions.
But I digress, I have worked for a big NYC law firm as a paralegal prior to coming to law school . . .and I hated it. I hated the bureaucracy, and I hated how every associate told me to not go to law school because it only led to misery. Currently, I intern for a local county prosecutor and I find the work environment much more tolerable, and even though there seems to be just as much work, the small firm environment is more suitable to my nature, since I get to interact with clients and actually talk to attorney’s who are not miserable.
Finally, onto my question. Do you think it is possible to get into the legal aspects of the gaming industry without “BigLaw” experience? Any advice for those of us who want to skip the 3-4 years of indentured servitude to Partners and their faceless masters?
I am trying to get involved with as many IP and tech related groups as possible, in school and out, and I am planning on doing some pro bono work for the New Jersey Volunteer Lawyers for the Arts over the summer while still working for the prosecutor. Anything else I can/should/must do?
Comment by LawGamerU — April 7, 2009 @ 7:08 am
Both legal and business knowledge is needed throughout the game industry. And being a game lawyer may not be the easiest path, especially if you like to eat.
Working toward a management position with a studio is probably a decent option, especially if you have the flexibility to starve with he rest of the team during the start up period of a new studio. So, read everything you can on the business side of the industry, think about positions in the industry outside of production (I have no skills there either) and get involved with your local IGDA chapter and volunteer to help wherever and however you can. That’s really the best way to get to know people in the industry an it can go a long way to getting you started.
GL & HF!
Tom B
Comment by Tom B — April 7, 2009 @ 2:05 pm
Incorporating an iPhone development company in which state?
I am setting up an independent game company out of my house and I am looking to establish it as an LLC. Nevada and Delaware offer attractive benefits for C corporations but is there any significant benefit for my microbusiness to set up as an LLC outside of my home state?
I have also found internet forums that mention some businesses can register in a state, such as Nevada, and claim that state as their primary location of operations (business nexus) even though they have no presence there other than a registered agent. They then have no state income tax. Is this true and above board?
If so, is this something I could do as my business is developing software that has no physical product or distribution or personal contact in my state (Pennsylvania)? Someone told me I could do this if I do not take a home office deduction while others say that any physical computer equipment I store my game on will be where my business nexus is and therefore taxed.
Here is a link to a slew of issues dealing with ‘Intangible Software’ and taxation. http://www.riskinfo.com/tech/multista.htm#Multistate%20income%20tax
Comment by AlienFreak — April 21, 2009 @ 4:12 am
Don
You should check with an accountant or a tax attorney about this sort of tax matter.
Tom B
Comment by Tom B — April 21, 2009 @ 6:48 am
Thank you for your time. I have a sports video game that is not working. According to hundreds of comments on the video game company’s website, it is not just an issue with my specific copy. This may be a laughable comment, however, without the consumer to buy these video games, you wouldn’t have a job - all i am asking is, if you buy a video game and it stops working after a month of play time, what are your legal rights to getting your money back?
Comment by ransackeld — July 17, 2009 @ 4:59 pm
Ransacked
I suggest you contact your local (state’s) consumer rights office. This is NOT a job for the Game Attorney!
GL!
Tom B
Comment by Tom B — July 17, 2009 @ 6:14 pm
I’m working on a simple game that I intend to sell on Xbox LIVE Arcade (the Indie Games section). It’s a variation of the classic PONG, but incorporates an interesting game mechanic. I’m concerned about the name of this game, however. Currently, it contains the word PONG but also contains a suffix to distinguish it from the original. The logo is also drastically different in that it uses a different font and the O is split in two and holds the suffix within it. Basically, my question is this: Is there potential for trademark issues by using this sort of name? I know there are many, many PONG clones out there that use this sort of naming scheme, but I’m particularly concerned because this game will be commercial. Thanks for your time!
Comment by cypher543 — November 3, 2009 @ 9:22 am
Great question…
Atari holds the registered TM. So, why risk it. I would change the name just to be safe. You really don’t need the hassle, even if you may get away with it. It’s just a risk you don’t need when you’re starting out. That said, you could refer to Pong as the inspiration for you game in the description, but I would avoid using it in the game name.
You can check here for a TM search - http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk
GL & HF!
Tom B
Comment by Tom B — November 3, 2009 @ 11:34 am
Tom,
I’m a first year law student at Widener University School of Law. I am thoroughly interested in entering the field of entertainment law/”video game” law.
Considering the current state of the economy, hiring freezes, and cutbacks, I’d like to be a step ahead of my peers. I figured I could accomplish this by getting into the field early on and gather experience. This would make me a better sell when the time rolls around to find work.
I’d like to know if you have any advice that would help boost my appeal to employers in the field. What type of internships would you recommend? What do you look for the most when it comes to hiring an associate?
This advice would really be appreciated and many thanks in advance.
Best,
Dayron Leon
Comment by AndroidSpirit — November 12, 2009 @ 8:35 am
I have published a game on Xbox Live Indie games that another company has contacted me about infringing on their trademark. On the USPTO site, there are 2 DEAD trademarks for the name and the company that contacted me has two LIVE trademarks for the name with a “-” in between the two words for the following:
“INTERACTIVE PROMOTIONAL SERVICES, NAMELY, PROMOTING THE SALE OF GOODS AND SERVICES OF OTHERS THROUGH CONTESTS CONDUCTED THROUGH THE INTERNET, TELEPHONE AND WIRELESS COMMUNICATIONS NETWORKS, ON TELEVISION AND RADIO”
and
“card games; equipment sold as a unit for playing card games; parlor games, role playing games and adults’ party games.”
The company has not used the trademark to make any electronic video games. Do I need to change the name of my game? Thanks!
Comment by horizonfire — January 2, 2010 @ 6:24 am
Hi Tom,
I came across your interpretation of the legal jumbo for the Activision indie game contest. I have a game in development, one that I haven’t shown publically, posted on any type of internet forum or entered into any contests and I don’t plan on showing it any time soon. My question for you is, if I enter and do not win, am I free to develop my game and do I still own the rights to it? Also, are they allowed to take my game design document and other submitted material and make their own game out of it if they would want to?
Regards,
Tobbe
Comment by tobbeo — June 22, 2010 @ 10:08 pm
I’m not sure if you’re exactly the person to ask this, but I haven’t seen anyone the least bit qualified to ask. I have two X-Box 360’s. One of those was fixed for the red ring error a year or two ago and is completely unplayable now, the other has a whole slew of errors from the disc tray not opening to randomly turning itself off. Between these two they’ve scratched eight or more discs and cause me nothing but trouble. It’s my opinion that since they’ve damaged a good several hundred dollars worth of games, and being over six hundred dollars worth of hardware that doesn’t work, I’m entitled to a replacement. This was repaired and sent back to me only to scratch my games and break again, or sold to me only to break down in the first place. What are your opinions and thoughts?
Comment by awolchrono — June 23, 2010 @ 12:40 pm
I’m sorry if this is really complicated; I’m a composer, and I’ve recently been brought on board with a dev team for a MMORPG that is currently in development. I’m registered with ASCAP as a composer, and have a publishing “company”, but with this specific situation, I’m being brought on as a part of the team as an employee to create the sound track and FX just for this game. I am also the lead of the audio department with employees working for me. I was curious as to what direction I should take as far as copyrights go on this project? -TY in advance
Comment by ArthurianLegend — July 22, 2011 @ 10:24 pm
So
i bought this game From Dust on preorder from Ubisoft. They offer 30 days of download when buying a game from them. Something i think is totally moronic considering the competition from steam and such. Wich offer endless download of your game. Anyway. Game was supposed to release on 27′th of july 2011. Today i learn that the game is postponed. Meaning i miss my download period and i have to pay for another copy of the game because they postponed the game. I want to press charges. I am officially hiring you for court room duty.
Comment by gnugfur — July 26, 2011 @ 3:17 pm
Arthurian
IN games music is either licensed for the game or done as work for hire where the composer transfers all ownership to the developer. This is usually the way it’s done. But you may want to try to get a license some of the rights back for your music for things like performance or publishing of the music. It’s all a negotiation.
Comment by Tom B — August 30, 2011 @ 8:39 am
Gnugfur
You came to the wrong church with this stuff. I represent developers! As a gamer I certainly understand you situation. But I suspect that you DL time limit was moved forward just like the release date was. The Publisher Customer Service folks should be able to fix it if it was not. If not, you may want to try you state’s consumer protection agency or attorney general.
GL!
Comment by Tom B — August 30, 2011 @ 8:41 am
Tom, I’m working on a Contributor Agreement to specify ownership of assets for a game my team is working on. So far I’ve modified an existing document (www.asymgame.com/ftp/backup/Asym-NDA.doc), tweaking as appropriate for my team’s project and state of residence. Will my document be legally binding if one of the team members and the contributor both sign? Does it need to be notarized to be legit? For that matter, is any document labeled as a contract/agreement and signed by two parties legally binding… or does it have to be drafted by a lawyer with all the right pieces and parts to be legal?
Thanks for your help!
Comment by jwalters — September 12, 2011 @ 10:10 pm