Tag Archives: EULA

Batman: Arkham Knight – The Video Game Refund You Deserve

If you are a video game enthusiast, a fan of DC’s favourite parentless posterboy, or simply a person who has paid attention to Twitter, Facebook or one of the various platforms through which we crowd-source our real-time news, you may have heard that a little, hotly-anticipated game, entitled Batman: Arkham Knight was released this week… You may also have heard that a number of people were rather less than delighted with the quality of said game at release – particularly the PC gaming community, a difficult community to placate at the best of times. What seems to have happened is that Warner Bros, the publishers behind this game, have released a PC-port (meaning the game was primarily designed for console and then adapted for PC) which is laughably unfinished, riddled with graphical issues, and plagued by problems with stuttering and freezing (OK, I’m not quite out of Batman villain references, but this could go on for days). In the wake of this debacle, they have been quick to suspend sales of the PC version, pending further invesitgation. Continue reading Batman: Arkham Knight – The Video Game Refund You Deserve

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2 Steps Forward, 1 Step Back: The Problematic Protection of Consumers of Digital Content

I was recently lucky enough to be asked to give a short presentation at the 2014 Edinburgh Postgraduate Law Conference, entitled “Innovation in the Law: New Challenges, New Perspectives“. The organising committee, in conjunction with the Edinburgh Law School and the Institute for Academic Development put on a great two-day event, creating a brilliant opportunity for PhD students, early career researchers, established academics and interested parties to swap ideas, talk at length about their personal obsessions, bemoan the constant struggles that are funding, exercising the power to say “no”, and engage in ample usage of the term “interdisciplinary”. I’d like to thank again all involved in the organisation of a thoroughly enjoyable event, and of course the Forschungsstelle für Verbraucherrecht for continuing to finance my wanderings around Europe in the name of digital consumer protection.

The talk I gave in the panel on “Technology and Law: Confronting Uncertainty, Testing Promises“, was entitled “2 Steps Forward, 1 Step Back: The Problematic Protection of Consumers of Digital Content“, the article and slideshow for which you can find below. Rather than the traditional (and oft beset by delays) practice of publishing conference proceedings in a printed version, the conference chose the novel approach of asking the speakers to present their ideas in a 1,000-word blog post, which was then made available on the conference website for anyone who wanted to read up on the topics in advance on the talks. I thought this was a particularly useful tool in preparing for the panels I attended. Continue reading 2 Steps Forward, 1 Step Back: The Problematic Protection of Consumers of Digital Content

Losing Steam: Is Usedsoft v Oracle Actually Changing the Video Game Industry?

UPDATE: The text of the Regional Court of Berlin’s dismissal of the vzbv’s case has been published by Spielerecht.de. As suggested below, the vzbv’s focus on Steam accounts themselves rather than individual licences for games may have been unhelpful, but in addition the court seemed unconvinced that video games were merely software, but rather a mix of a number of elements, and as such Usedsoft may not be directly applicable. A helpful update, in English, of these developments and the court’s reasoning has been provided by Felix Hilgert and Konstantin Ewald  of Spielerecht.de “Update: Valve May Prohibit Steam Account Transfers – German Judgment Published”

Continue reading Losing Steam: Is Usedsoft v Oracle Actually Changing the Video Game Industry?

EULAs and Online Gaming – Simply a Better Fit Than Property Law?

Recently, whilst doing some research on the concept of ownership and licensing in the video game industry, I came across a very interesting paper by Christopher J Cifrino entitled “Virtual Property, Virtual Rights: Why Contract Law, Not Property Law, Must Be the Governing Paradigm in the Law of Virtual Worlds“.[1] In this paper, Cifrino argues (unsurprisingly if you read the title) that contract law might actually be the best and fairest way to continue dealing with the legal relationship between the gamer/consumer and the developer and/or publisher. Continue reading EULAs and Online Gaming – Simply a Better Fit Than Property Law?