Gamerprudence: Video Game Law Explained

See how the pieces fit. Interactive Entertainment Law is a ten billion dollar per year industry and growing. Read thoughtful analysis by Attorney Mike Mintz on the latest issues in "video game law" and related IP practice.

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I work in publishing because I love words and information. The process of expressing thought, particularly verbal or written, demonstrates the most divine attributes of humanity. In the early 21st century we have experienced rapid evolution in the dissemination of information. Connecting billions of people in an ironic deluge of information has diluted the market for creativity. We must now rethink what it means to express and contribute content to the swelling marketplace of ideas. May we be guided in our quest to express by two great pieces of writing advice: "Fundamental accuracy of statement is the one true morality of writing." (Ezra Pound) "Omit needless words." (Strunk & White, The Elements of Style)

Wednesday, February 22, 2006

Do Commercial Used Games Sales Violate Any of Publisher's Rights?


The owner of a copyright has certain exclusive rights in that work including, the reproduction right, adaptation right, ditribution right (including performing and displaying the work publicly) and moral rights of attribution and the like in visual arts. One limitation on these rights is known as "the First Sale doctrine" which basically allows an owner of a lawfully made copy or phonorecord to sell or otherwise dispose of it, as well as display it to the public [17 USC 109]. This rule does not apply per se to computer programs. As video games are computer programs, I wonder if there are any copyright implications in the multi-billion dollar used games industry. As it stands this is more of a property issue than an intellectual property issue, but I wonder if either side of the debate can look to IP policy considerations by analogy in determining positions. On one side, the game publishers would like to see a cut of the money from their retailers selling used games, b/c they see it as a damper/distraction on their new sales. On the other side, retailers insist that used games sales fuel incentive for consumers to purchase new games. Whichever side of the coin you adopt, it is interesting to note that copyright policies in protecting original works seek to maximize incentives to create. Do commercial used games sales enhance such incentives or detract from them?

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