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)

Friday, January 18, 2008

Play Money

I may have found my new favorite book: Play Money by Wired writer Julian Dibbell. Since I have to get to work now, I don't have that much time to talk about it now, but you will hear plenty in the weeks to come. Just a quick cap: the book talks about making millions of dollars selling virtual goods in virtual worlds. In essence making a fake economy that builds real wealth. This is nothing new, and the topic has been discussed at length, but to me Dibbell's straight forward approach has me looking at the legal and financial aspects in a whole new light. Most important, however, is the sense of comfort and almost humor I now view my financial situation. What was once a source of anxiety (how the hell am I supposed to pay off $100K in law school debt writing blogs and working for a publishing company?) is now revealed to be a bogeyman; this monstrous joke that we call our finances. More to come.

Thursday, January 10, 2008

Are Video Games Ready for a Flood of Striking Writers?

The writer's strike, which has raged since November 2007, has impacted seasonal television programming, movies, and even awards shows. Some of the issues being despited are the writer's demands for increased initial and residual compensation, better professional standards and protection of employees, and an expansion of their contract terms to cover "new media". The Writer's Guild of America (WGA) specifically cite "video games" as the prime example of new media, yet it does not seem that video game writers have joined their cause. So what impact, if any will the results of the strike have on the video game world?

Most voices agree that the strike will drive new video game sales and direct new users to the world of gaming. But what has the gaming industry done to prepare for the potential flood of new talent? Typically the writing in video games is a highly coveted and often underplayed part of the production process. While all agree that a well written script makes a better game, it tends to be viewed as the next important things after robust interface, quick game engines, and beautiful visuals. Also, what can the industry do to boost and exploit the idea of episodic content, an opportune yet under used convention in gaming? Perhaps the flood of striking writers will provide more incentive to have the industry explore these possibilities.

Tuesday, January 08, 2008

AALS: Gaming in Law School?

It has been a while since I have written on video games and the law (too long). Between passing the NJ Bar Exam this summer and having a beautiful baby daughter (Shoshana Emunah) in July things have been a bit busy. The upside for anyone who does read this blog (and I thank all four of you!) is that I am now a bonafide attorney, and these little posts are now given more credibility thanks to my $100K in law school debt. In any case, it is good to be back.

Oh, one more thing before we get into it. You will notice that there has been a name change and a web address change (could the four people who read this please change your book marks). The name "Gamerprudence" seemed more appropriate to what I want to accomplish here. The old title was "Fragmintz of Video Game Law and Other IP Issues." While my XBox Live gamer tag served as a fine title for two years, now that I want to take this blog in a new and more consistent direction, I feel that Gamerprudence: Video Game Law Explained" is more on point. My sincere hope is that I can continue to offer candid commentary and clear information on the developments in this exciting field. As you will note in the disclaimer: NOTHING HERE IS LEGAL ADVICE. If you need some then retain an attorney in your own jurisdiction.

In my capacity as the Editorial Manager of Academic Publishing for LexisNexis, I attended the Association of American Law School (AALS) conference in NYC last week. This gathering includes law professors from around the US and the world, as well as, as all of the major players in publishing and content for law schools, and some organizations. There was a noticeable lack of materials on video game law (even by my company), which leads me to believe that there are very few actual video game law courses being taught in law school. I know that in my alma matter, Seton Hall, we briefly discussed video games in IP classes. So my question is this: with billions of dollars on the table in an industry that is just starting to be recognized as more than just "play", why are law schools not responding?

Here is a list of current schools that I know of with video game law classes (please feel free to comment on others):

University of La Verne College of Law
Southwestern Law School
UCLA (LLM program)
Chapman University School of Law
New York Law School
John Marshall Law School (scroll down to or search for "Computer and Video Gaming Law"


These are the schools I found in my simple search. I will post more as I find them.

Also of note, (and something I will develop into its own post), I had a discussion with Harvard Law School Fellow Gene Koo, about the use of interactive platforms in the learning environment. I will tell you more about that in another post, including his recommendation to my boss that we be able to expense a Nintendo DS and Wii for market and content "reasearch."

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