I know nothing about the history or situation that the video game industry has gotten itself into. So I went hunting on the net to find out. I started with an article I saw called "Not Playing Around: 8 Lawsuits Involving Video Games" that is a basic crash-course overview of the bigger lawsuits involving video games.
The Past
There are a few major cases in the video game's past that have time and again shown, in my opinion, that the industry is growing much faster than people realize. Most other entertainment industries have their bases covered when it comes to IP issues (intellectual property for those of you not in a law class). But being a relatively new breed of entertainment, especially in the 80s and 90s, the gaming industry was still full of amateurs.
Mortal Komabt (Read More @ Mental Floss)
Mortal Kombat is well known as one of the premiere fighting games in the world. It has had over half a dozen iterations and spawned 2 hollywood movies. Back when Midway (Mortal Kombat's Developer) ported their infamous fighting game from arcade machines to the home consoles, Ho Sung Pak sued for using his likeness. Pak was paid for his original work in the development of the character Liu Kang. Pak however was not happy that Midway changed the character and then ported the character to a new device. The case eventually settled.
This shows how delicate it can be when dealing with 'actors' and talent in the realm of video games. It is still a baby industry quickly becoming an adult and learning its lessons quickly. Anyone who develops games needs to have their backs covered when it comes to IP and securing the rights to actors as more and more games are incorporating actors into the performances.
The Present
Because of cases like the one above, the game industry has learned to cover their past mistakes pretty well and avoid them from happening again. However it seems that new genres of lawsuits pop up all the time.
Lineage II (Read More @ Wired)
Lineage II is an online virtual world game, much like the more popular Second Life. There is no end to the game. Craig Smallwood, a man who was a frequent user (and maybe an addict), sued the makers of Lineage II for destroying his ability to control his life. Smallwood claimed that the game became so addictive that he could not function with day-to-day activities. Sounds frivolous, but a judge was unable to dismiss some of the claims made by Smallwood, allowing it to proceed further into the trial process.
The fact that a lawsuit like this could actually have a chance in the game developer losing money for creating a game that is 'too addictive' seems so crazy. But the courts have already ruled in favor of the patrons. Game companies need to figure out a way to protect themselves from issues like this without compromising the content and creativity of their games.
In Favor
Finally, a lawsuit that has been in favor of the gaming companies. It seems that the types of lawsuits that get the most press are the ones that tend to be 'David v. Goliath.' But I found one that benefits the developers.
California recently agreed to pay upwards of $900,000 to various game developers for trying to ban the sale of violent video games. The developers fought for their first amendment right, but the parties settled out of court. (Read More @ LA Times)
It is nice to see that the developers do get a win here and there especially when it comes to first amendment rights and free speech. This is super important when it comes to protecting the creative and storytelling aspects of video games.
I think it is important to learn from the past of video games, while also protecting the now and future when it comes to story and the rights of a developer.
