Posts made in October, 2013

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Football, Video Games & The Law 0

Football, Video Games & The Law

Posted by on Oct 22, 2013 in Blog

Football video games have existed for over 25 years and have continued to grow in sophistication.  Player avatars have evolved from generic pixels to fully developed representations.  Electronic Arts (EA), the video games publisher with an exclusive license for NFL games, now records player information like height and weight to create as realistic an experience as possible.  Along with these technological advances have come concerns about the use of player likenesses in both professional and amateur football games.  The 9th Circuit recently decided a case regarding player likenesses in both the Madden NFL and NCAA video games.  The court ruled differently in each case and a quick look at the cases sheds light on how these claims will be handled in the future. Brown vs. Electronic Arts featured Cleveland Browns running back Jim Brown disputing the use of his likeness in EA’s Madden NFL series.  While Jim Brown stopped playing football in 1965, EA included him as part of the 1965 Cleveland Browns team in some versions of the Madden series.  His avatar did not include his name but was physically similar to him and simulated his style of play.  In later games EA changed the number of Brown’s avatar to make it a little more dissimilar to him....

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Legal Concerns in E-Commerce

Posted by on Oct 22, 2013 in Blog

Since the turn of the century more and more businesses have created an online presence, with some companies operating exclusively online.  Naturally with a new frontier for business comes a slew of new legal issues.  It is impossible to adequately cover all the issues in e-commerce in one article, but this article will give a sampling of legal issues a business can encounter. Business which feature message boards on their websites need to be aware of free speech issues which can crop up.  A company may or may not be liable for any defamatory remarks on its website depending on how it is moderated. This is some immunity for service providers from the actions of their users, but it is not absolute.  Online harassment and censorship are also frequent issues. Simply hosting a website can generate its own legal headaches.  A majority of websites hold their users to a terms of services.  Various cases have been litigated over the enforceability of these terms.  How the user is exposed to the terms of service is extremely important.  Websites with their own online communities create even more room for legal controversy as users interact with each other in new ways. Any website which allows user accounts will encounter privacy issues.  This...

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