Privacy in Gaming

Video game platforms and business models are increasingly built on collection, use, and sharing of personal information for purposes of both functionality and revenue. This paper examines privacy issues and explores data practices, technical specifications, and policy statements of the most popular games and gaming platforms to provide an overview of the current privacy legal landscape for mobile gaming, console gaming, and virtual reality devices. The research observes how modern gaming aligns with information privacy notions and norms and how data practices and technologies specific to gaming may affect users and, in particular, child gamers. After objectively selecting and analyzing major players in gaming, the research notes the many different ways that game companies collect data from users, including through cameras, sensors, microphones, and other hardware, through platform features for social interaction and user-generated content, and by means of tracking technologies like cookies and beacons. The paper also notes how location and biometric data are collected routinely through game platforms and explores issues specific to mobile gaming and pairing with smartphones and other external hardware devices. The paper concludes that transparency as to gaming companies’ data practices could be much improved, especially regarding sharing with third party affiliates. In addition, the research considers how children’s privacy may be particularly affected while gaming, determining that special attention should be paid to user control mechanisms and privacy settings within games and platforms, that social media and other interactive features create unique privacy and safety concerns for children which require gamer and parent education, and that privacy policy language is often incongruent with age ratings advertised to children and parents. To contribute additional research value and resources, the paper attaches a comprehensive set of appendices, on which the research conclusions are in part based, detailing the technical specifications and privacy policy statements of popular games and gaming platforms for mobile gaming, console gaming, and virtual reality devices

Let’s Play: A Walkthrough of Quarter-Century-Old Copyright Precedent as Applied to Modern Video Games

Looking to the copyright protection over the audiovisual displays of video games, current precedent—created by extensive litigation in the 1980s over early arcade games—may be a round hole into which the square peg of today’s highly complex video games would have difficulty fitting. This is an issue that has increasing importance as the market for the passive consumption of video game audiovisual displays through tournament streams, walk-throughs, etc., continues to balloon. If courts were to apply precedent from litigation in the 1980s to video games as they exist today, the idea that copyright protection automatically attaches to any and all audiovisual displays generated by a game may not hold true. It is uncertain to what extent the reasoning in early arcade game litigation regarding the issues of authorship, the idea/expression dichotomy, and fixation would yield similar holdings. Moreover, it appears similarly uncertain to what extent a retreat from earlier precedent may impact publishers’ rights in downstream uses of audiovisual displays. Even if potential defendants prevailed under either an idea/expression dichotomy theory or a fixation theory—meaning the copyright does not attach to audiovisuals at the outset—later-fixed audiovisuals may still be protectable. The strongest argument potential defendants have, therefore, is that their interaction with the game precludes copyrightability for the audiovisual displays due to a lack of “original authorship” on the part of the publishers

“You Must Construct Additional Pylons”: Building a Better Framework for Esports Governance

The popularity of “esports,” also known as “electronic sports” or competitive video gaming, has exploded in recent years and captured the attention of cord-cutting millennials—often to the detriment of sports such as basketball, football, baseball, and hockey. In the United States, the commercial dominance of such traditional sports stems from decades of regulatory support. Consequently, while esports regulation is likely to emulate many aspects of traditional sports governance, the esports industry is fraught with challenges that inhibit sophisticated ownership and capital investment. Domestic regulation is complicated by underlying intellectual property ownership and ancillary considerations such as fluctuations in a video game’s popularity. Since analogous reform is nigh impossible, nascent governance organizations have been created to support the professionalization of esports as a new entertainment form. As esports consumption continues to grow, enterprising stakeholders are presented with the unique opportunity to create regulatory bodies that will shape the esports industry. This Note analyzes how the professional sports industry and foreign esports markets have addressed governance challenges that arise from differences between traditional sports and competitive video gaming. It concludes by exploring two potential pathways for domestic esports governance. View PD

A Winning Hand: A Proposal for an International Regulatory Schema with Respect to the Growing Online Gambling Dilemma in the United States

While a multitude of Internet enterprises folded in the 1990s, online gambling websites not only have held strong, but appear to be ready to increase the stakes. No business relating to the Internet currently generates more revenue than online gambling, and that trend does not look like it will change soon. While many Americans desire to participate in this form of cyber-gambling, the current legality of their ability to do so remains vague. For the most part, an American\u27s ability to gamble currently resides under the purview of state law and a hodgepodge of antiquated federal wire acts. The nature of the Internet, however, mandates that any scheme, regulatory or prohibitory, be constructed in the international arena. For various reasons, there have been efforts by members of Congress to create strong prohibitory legislation specifically targeting Internet gambling. The Author analyzes not only whether a domestic prohibition schema is the best model to implement, but also whether such a model could even be truly effective. The Author further shows that an international regulatory model can provide a legitimate method of control while allowing individual countries to maintain discretion over the form of online gambling they allow to their citizens. At the same time, this international regulatory schema would still provide a valid international enforcement net against offenders. Under this regulatory schema, problem gamblers can be protected while still preserving the opportunity for other patrons to get lucky and hit it big

Copyright, Culture, and Community in Virtual Worlds

Communities that interact on-line through computer games and other virtual worlds are mediated by the audiovisual content of the game interface. Much of this content is subject to copyright law, which confers on the copyright owner the legal right to prevent certain unauthorized uses of the content. Such exclusive rights impose a limiting factor on the development of communities that are situated around the interface content, because the rights, privileges, and\ud exceptions associated with copyright generally tend to disregard the cultural significance of copyrighted content. This limiting effect of copyright is well illustrated by examination of the copied content appropriated by virtual diaspora communities from the game Uru: Ages of Myst. Reconsideration of current copyright law would be required in order to accommodate the cohesion of on-line\ud communities and related cultural uses of copyrighted content

Social Norms in Virtual Worlds of Computer Games

Immersing in the virtual world of the Internet, information and communication technologies are changing the human being. In spite of the apparent similarity of on-line and off-line, social laws of their existence are different. According to the analysis of games, based on the violation of the accepted laws of the world off-line, their censoring, as well as the cheating, features of formation and violations of social norms in virtual worlds were formulated. Although the creators of the games have priority in the standardization of the virtual world, society as well as players can have impact on it to reduce the realism. The violation of the prescribed rules by a player is regarded as cheating. And it is subjected to sanctions, but the attitude toward it is ambiguous, sometimes positive. Some rules are formed as a result of the interaction between players

Gambling and social gambling: an exploratory study of young people's perceptions and behavior

Background and aims: Gambling-type games that do not involve the spending of money (e.g., social and (demo) [demonstration] gambling games, gambling-like activities within video games) have been accused in both the legal and psychological literature of increasing minors’ propensity towards prohibited forms of gambling thus prompting calls for gambling regulation to capture address such games and subject them to age restrictions. However, there is still a shortage of empirical data that considers how young people experience monetary and non-monetary gambling, and whether they are sufficiently aware of the differences. Methods: Data was collected from 23 qualitative focus groups carried out with 200 young people aged between 14 and 19 years old in schools based in London and Kent. As the study was exploratory in nature, thematic analysis was adopted in order to capture how pupils categorise, construct, and react to gambling-like activities in comparison to monetary forms of gambling without the constrains of a predetermined theoretical framework

Technical report and user guide: the 2010 EU kids online survey

This technical report describes the design and implementation of the EU Kids Online survey of 9-16 year old internet using children and their parents in 25 countries European countries