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Key Cases and Insights for Games Industry Professionals

Shannon Ellenburg Shannon Ellenburg

The Storm Closes In: Google Loses Appeal Before the Ninth Circuit

Late last week the Ninth Circuit upheld in full Epic Games' victory over Google in their titanic antitrust clash.  But with less than a fortnight left before a permanent injunction was set to fundamentally reshape the Android marketplace, Google did manage to secure an emergency administrative stay of enforcement as the platform giant continues to appeal the decision.  While it is unclear how successful these efforts will ultimately be given this outcome, this is yet another major victory for Epic Games.  In this blog post resident storyteller Jonathan Downing explains the court's reasoning and what this might mean for the parties—and other interested publishers—going forward.

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Shannon Ellenburg Shannon Ellenburg

Paxton, Porn, and the Impact on Video Games

In June, the Supreme Court released a whirlwind of opinions that could dramatically reshape our nation, including Free Speech Coalition v. Paxton (2024). This case—outwardly about regulating minors’ access to pornographic material—has the potential to disrupt established Free Speech protections, makes way for further regulation of the internet, and potentially impacts creative expression in games.

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Shannon Ellenburg Shannon Ellenburg

Mid-Year Save Point: 2025 Games Litigation So Far

To put it mildly, there has been a lot going on in 2025, and that's no different in the games litigation space.  From the First Amendment to fair use, major cases over the last six months have run the gamut of important topics for the industry.  While putting all the different filings, holdings, and decisions together in one place would be a tall order indeed, our plucky team at Tyz Law Group's Games Law Blog has collected and compiled several of the most significant and impactful developments in games litigation in a mid-year roundup.  Take a look!

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Shannon Ellenburg Shannon Ellenburg

Storm Clouds and Silver Linings: Takeaways from DICE and GDC 2025

Two of the year's major annual games industry conferences—the DICE Summit and GDC—have now come and gone.  Tyz Law Group's resident Storyteller, Jonathan Downing, managed to survive both events relatively intact, and has gathered his observations and thoughts in our latest Games Law Blog post.

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Shannon Ellenburg Shannon Ellenburg

Groucho, Harpo, and…Popeye? Public Domain Updates for 2025

Public Domain Day 2025 saw many famous and noteworthy works enter the public domain, including numerous firsts in cinema and some developments in a certain famous cartoon mouse.  In this blog post, we go into what new works have fallen into the public domain, and how the unique nature of character copyrightability is affected by that status.

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Shannon Ellenburg Shannon Ellenburg

Digital Disclosure Demands: What California's New Law Means for Publishers

California's new disclosure requirements for the sale of digital goods are set to be enforced beginning in January, so game publishers and other content providers who do business in the state should take notice now.  In this article we dive into the background and function of the new law, and provide some practical takeaways for publishers to consider when making updates to their terms and storefronts.

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Shannon Ellenburg Shannon Ellenburg

Epic v. Google: Google Searches for Answers in Wake of Permanent Injunction

Last month, the District Court for the Northern District of California issued its permanent injunction against Google in the closely watched Epic v. Google case.  This case had a much different outcome from Epic's parallel litigation against Apple, and while Google has successfully moved to pause enforcement of the injunction, it seems likely that it may have far broader implications for the Android marketplace than the narrower Apple injunction.  And while the actual impact of the injunction remains uncertain while Google appeals the decision, there are some practical takeaways for app developers to begin considering.

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Shannon Ellenburg Shannon Ellenburg

Lessons from Bikini Bottom: Privacy and the Tilting Point Settlement

Last month, the California Attorney General announced its third public settlement under the CCPA since the law's enforcement began in 2020, this time against mobile app developer Tilting Point for alleged privacy violations in their child-directed SpongeBob SquarePants mobile game, resulting in injunctive terms and a half-million-dollar fine. What lessons can other game developers and publishers take from this, and what steps can they take to guard against a similar investigation and enforcement? Take a dive with us into the turbulent waters of privacy law in our latest blog post to find out.

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KEN SCHWARTZ KEN SCHWARTZ

Inky Implications: Tattoo Copyright and Implied Licenses

On April 19, 2024, after a highly publicized trial, the jury in the copyright infringement case Hayden v. 2K Games, Inc. returned a verdict finding that an implied license existed as to the depiction of tattoos inked by the plaintiff on three professional basketball players in the NBA 2K video game franchise.

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KEN SCHWARTZ KEN SCHWARTZ

DICE 2024 Recap: The Game Changers

Last week, the Academy of Interactive Arts & Sciences (AIAS) held the 2024 DICE Summit, an annual event for developers, publishers, media representatives, and other people in the games industry to come together and interact face to face for a few intensive days of meetings, pitches, and networking.

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KEN SCHWARTZ KEN SCHWARTZ

Epic v. Google: A Horse of a Different Color

On December 11, 2023, the jury in the Epic Games, Inc. v. Google LLC et al antitrust litigation handed Epic a significant victory after less than four hours of deliberation, finding that Google wielded unlawful monopoly power within the Android app distribution and in-app billing services.

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KEN SCHWARTZ KEN SCHWARTZ

2023 GDC Recap: As Belts Tighten, Developers Cautiously Turn to AI

With the specter of COVID looming less large over the proceedings, this year’s Game Developer’s Conference (GDC) had the potential to be a return to the Conference’s “glory days” as a place where game developers and lawyers from all over the world could meet, exchange stories, and generally party the night away.

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