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Video Games

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In this episode of TMT Talk, Harry Valetk is joined by Renata Amaral, Head of the Environment, Climate Change and Sustainability Practice Group at Trench Rossi Watanabe in Brazil, to discuss consumer protection in the video gaming industry with a special focus on advertising. Learn what makes video game consumers a special category of consumers, who acts as providers according to the law and court decisions, how the law considers children video game consumers and much more. https://open.spotify.com/episode/5UbATK7NbZaXvoB1i8ZImR

This article was originally published in the Asia Video Industry Report 2022 by the Asia Video Industry Association (AVIA). To read the full report on their website, please click here. Legal Views: Online Gaming Privacy Regulation in Asia Pacific Covid-19 has accelerated growth in the video game industry, with online games specifically (which include massive multiplayer online games (MMOGs) as well as casual and social games that can be either played directly in an internet…

In this episode of TMT Talk, Harry Valetk, is joined by Tiago Zapater, a litigation partner at Trench Rossi Watanabe in Brazil, to discuss the monetization challenges in video games. Listen in to learn how video games sell and make money, loot boxes and their significance in the region, recent decisions and class actions in Brazil and much more. https://open.spotify.com/episode/1gQHSoWdjUlwNrvYgpXbCt

In Part 3 of our blog articles series on Key Employment Law Topics in Video Games M&A (see part 1 here and part 2 here) we will conclude the series by focusing on the regulatory and employment law environment in Germany with respect to the use of external workforce. Misclassification risks are the most common employment law-related “red flags” in video game transactions. Therefore, it is of vital importance to understand the legal consequences of…

General purpose After several attempts to classify the content of video games in Mexico, the Ministry of Interior (SEGOB) on November 27, 2020, published the General Guidelines of the Mexican System of Classification Equivalencies for Video Game Content. It is more likely than not that the Mexican government borrowed a page from the Entertainment Software Rating Board (ESRB) classification system applied in United States. Moreover, the guidelines set the content specifications for classification purposes, specifying…

A judge from the Small Claims Court in the State of São Paulo has ruled that a console operator cannot permanently lock the console in case of a user’s violation of the Terms and Conditions. According to the court’s ruling, under the Consumer Defense Code, blocking the user’s ID, even if established in the Terms and Conditions, may be considered as an abusive penalty since the user has no opportunity of defense nor the opportunity…

The Association for Child Safety (ANCED) filed seven class actions against game developers and companies that host platforms for game downloading, seeking an injunction to ban loot boxes in online games. Although there is no regulation for loot boxes under Brazilian statutory legislation, the class Plaintiff alleges loot boxes are harmful for children and teenagers, as it may trigger gambling disorders and it is largely based in advertising for children, which is strictly regulated under…

On 30 September and 17 November 2020, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato – AGCM) set new transparency standards for the offering of videogames containing in-game purchasing and loot boxes in two decisions. In short, the in-game purchase function allows players to obtain through real money several items (such as weapons, equipment, special moves, upgrades linked to the nature of the game, virtual coins, etc.), that may allow the upgrade…

I. Introduction In part two of our series of blog articles on Key Employment Law Topics in Video Games M&A (see part 1 here), we will focus on the working time of employees in tech companies and video game developers, and in particular on so called “crunch.” II. Crunch Covid-19 – Delays of game publication may lead to intensified crunch times after the pandemic has eased. What does crunch mean? The Cambridge Dictionary defines crunch…

 The Hague’s district court has ruled that loot boxes qualify as a game of chance under the Dutch Betting and Gaming Act (BGA). The decisive factor in its assessment is the definition of a ‘prize’. For the BGA to apply, not only an element of chance is required, but the prize must represent ‘economic value’. Economic value is considered present if players can transfer the virtual goods involved between individual accounts. In addition, if such…