Featured Articles

Consumer Watchdog Asks FTC to Investigate Facebook Credits

Drew Boortz
June 30, 2011 13:00

On June 28, consumer advocacy group Consumer Watchdog sent a letter and complaint to the Federal Trade Commission asking it to investigate Facebook for antitrust violations related to its use of Facebook Credits.  Consumer Watchdog's complaint is premised on the fact that, starting Friday,...

Oh Smurf! Apple sued over children's in-game purchases

Drew Boortz
April 14, 2011 13:04

We knew this was coming.  After the Federal Trade Commission announced it would look into Apple's in-game purchase system (as a result of children racking up incredible bills that they're parents had to pay), it was only a matter of time before a class action was filed.  Well, that time...

Missed Connections: Mario Bros. and iOS?

Drew Boortz
August 12, 2011 13:30

No, this is not a fan fiction post that should appear on the "adult" oriented Craigslist pages.  It's a story about corporate decision-making power, and control over corporate direction.  I swear, it's not as boring as it sounds. Apparently, some...

Verizon and MetroPCS Lose Round in Net Neutrality Fight

Drew Boortz
April 06, 2011 14:42

  One of the "hot topics" we will be watching in 2011 is how, and to what extent, the Federal Communications Commission will implement the Net Neutrality Rules (PDF) they issued last December. Though theoretically the rules will prohibit ISPs from throttling traffic from disfavored...

Recent Articles

Taxing Mobile Apps and eBooks: California Issues New Guidance

Drew Boortz
March 08, 2012 14:46

Benjamin Franklin is often quoted as saying that nothing in life that is certain except death and taxes.  In light of all of the battles over online sales taxes, perhaps taxes are not as certain as we think.  Consider the state-by-state challenges that etailers are having with...

DevConcern's Patrick Sweeney: So You Want To Be a Games Lawyer...

Drew Boortz
January 19, 2012 20:32

For some great insight on what life is like as a video game attorney, read Patrick's interview with IndustryGamers.  Solid advice in there, though I'm disappointed his day-to-day experience isn't exactly like L.A. Law. If they ever make a revival of the show, I'd vote Patrick to be the...

Celebrity Endorsements and Morals Clauses: What To Do When Good Deals Go Bad

Drew Boortz
January 13, 2012 14:34

Though celebrity endorsements have always been a popular means of advertising products, recently there has been an uptick in celebrity endorsements of video games.  Here are two of my favorite examples:  and By appearing in ads, celebrities are aligning themselves with your brand,...

Quick Hits/Courtroom Roundup: The Combo Edition

Drew Boortz
January 09, 2012 16:45

Starting the week off right, with some news and notes on items of interest to the games industry: HBO has fired back in the suit brought by a former MTV reality personage over use of the phrase "Johnny's Bananas," asking a New York state judge to dismiss the suit in its...

Tracking Public Movements: GPS Tapping and Application to Virtual Worlds

Drew Boortz
January 04, 2012 15:08

A legal conundrum of sorts for you - are your movements in the real world more or less private than in a virtual world?  The answer may surprise you.  Your movements may be more private in a virtual world, but only if the world operator's privacy policy gives you such an...

Joint Works and the Importance of Written Agreements

Drew Boortz
November 30, 2011 14:24

When it comes to exploration of copyright law in the games industry, one aspect tends to dominate the discussion - works-made-for-hire.  Innumerable agreements permeate the industry that use this model, whereby one person creates a copyrightable work for another, but the commissioning person...