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Important Open Source Ruling Confirms Enforceability of Dual-Licensing and Breach of GPL for Failing to Distribute Source Code

A recent federal district court decision denied a motion to dismiss a complaint brought by Artifex Software Inc. (“Artifex”) for breach of contract and copyright infringement claims against Defendant Hancom, Inc. based on...more

AR Game Maker Launches First Amendment Challenge

Candy Lab AR, makers of the augmented reality poker game Texas Rope ‘Em, sued Milwaukee County, Wisconsin, over an ordinance alleged to be violating the First Amendment. The ordinance states: “Permits shall be required before...more

Don’t Game Your Players with False Advertising

Advertising for new games can present some troublesome legal issues, if due care is not taken. A recently concluded matter in the UK highlights an example of the potential issues. Hello Games was investigated by the...more

Don’t Lose Your DMCA Safe Harbor Protection!

The U.S. Copyright Office’s new electronic system for copyright-agent registration and maintenance goes into effect on December 1, 2016, and with it comes new rules. Beginning December 1, all online service providers must...more

Fantasy Stock Picking Contest Deemed by SEC to be Illegal Security-based Swaps

The SEC shut down a “fantasy” stock picking game for allegedly violating securities laws. Forcerank LLC ran contests via mobile phone games where players paid a fee and predicted the order in which 10 securities would perform...more

New Challenge to Daily Fantasy Sports in New York

A group of New York citizens backed by the anti-gambling group Stop Predatory Gambling has filed a lawsuit against New York Governor Andrew Cuomo challenging the constitutionality of the bill that legalized daily fantasy...more

Virtual Porn – Real Patent Lawsuit

The porn industry is often one of the early adopters for new technologies. VR is no exception. Virtual Immersion Technologies LLC is enforcing its patent against live VR porn operators. The patent 6,409,599 (“the ’599...more

Federal Circuit is In Sync with Patent’s Validity Under Section 101

The Federal Circuit overturned a District Court ruling that a patent directed to automated lip synchronization and manipulation of animated characters’ facial expressions was invalid under Section 101 as being an abstract...more

New York Issues DFS Permits

Just days after a New York State’s Daily Fantasy Sports law was passed, the New York Gaming Commission announced it has issued temporary permits to 5 DFS operators. The companies are DraftKings, FanDuel, Yahoo, Fantasy Draft...more

Massachusetts Becomes Ninth State to Legalize Daily Fantasy Sports

Massachusetts Governor Charlie Baker has signed into law a bill to legalize daily fantasy sports in the Commonwealth. Massachusetts is the ninth state to legalize daily fantasy sports, and the eighth to do so this year. The...more

New York Daily Fantasy Law Passed – But Will it Stick?

As previously reported on our blog, New York enacted a law legalizing fantasy sports (subject to certain conditions and licensing). This undoubtedly makes DFS operators and players happy. But consistent with the notion that...more

Compilation of Public Data Can be Trade Secret

A recent 9th Circuit Court of Appeals decision confirmed that data derived from a compilation of publicly available information can constitute a protectable trade secret, particularly when a proprietary process is used to...more

LinkedIn Has Beef With Data Scraping Bots

Linkedin has filed a lawsuit to prevent unauthorized use of “bots” that register fake profiles on the social network and steal data about actual users. According to the suit, these acts constitute a breach of Linkedin’s terms...more

NJ Gets Shut-out on Sports Betting

New Jersey’s sports betting law was struck down by an Appellate court decision. The court held that PASPA (the Professional And Amateur Sports Protection Act) prohibits states from authorizing by law sports gambling, and that...more

New York Legalizes Daily Fantasy Sports

Governor Andrew Cuomo signed into law a bill to legalize daily fantasy sports in New York. This is the eighth state to legalize daily fantasy sports, and the seventh to do so this year. With the start of the NFL season just...more

Pokémon Go…es To Court!

Hugely successful games attract lawsuits. Pokémon Go has been hugely successful and, predictably, has attracted a lawsuit. In a recently filed class action, a plaintiff has alleged that a number of the GPS coordinates...more

DraftKings and FanDuel to Suspend Activity in New York, Effective Immediately

There has been a new development in the ongoing legal battle between New York Attorney General Eric Schneiderman and daily fantasy sports (DFS) operators DraftKings and FanDuel, as the two largest DFS operators agreed earlier...more

Daily Fantasy Sports is Legalized….At least in Virginia!

The Governor of Virginia signed into law the FANTASY CONTESTS ACT. As we previously reported, the bill defines “fantasy contest” as any fantasy or simulated game or contest in which: (i) the value of all prizes and awards...more

Daily Fantasy Sports Update – DraftKings Sues Texas AG; Activity in GA and IN

In January, Texas Attorney General Ken Paxton issued an opinion that daily fantasy sports (DFS) is likely illegal gambling under Texas state law “[b]ecause the outcome of games in daily fantasy sports leagues depends...more

Virginia Passage of Fantasy Sports Law Appears Imminent; PA, NY and MD Bills in the Works

Virginia’s House and Senate have both passed a bill (SB 646) that would legalize, but regulate, fantasy sports in Virginia. All that is needed is for Governor McAuliffe to sign it into law. If passed, the law would create...more

The Game Goes On: Sheppard Mullin Obtains Dismissal With Prejudice of Class Action Alleging Social Gaming Micro-transactions...

Another lawsuit alleging illegal gambling in a social game has been dismissed. Over the last year, social gaming mobile applications have come under attack from the Plaintiffs’ bar as gambling in disguise. Plaintiffs’...more

2/9/2016  /  Gambling , Gaming , Mobile Apps , Social Media

Rhode Island AG says Fantasy Sports is Legal but Should Be Regulated

Attorney General Peter F. Kilmartin has found that daily fantasy sports are currently legal under Rhode Island law. Kilmartin also strongly advised the Legislature to establish regulations to protect Rhode Island players....more

No Southern Hospitality for Daily Fantasy Sports in Mississippi

The Mississippi AG issued an opinion last week declaring: “Fantasy sports wagering is illegal in the state of Mississippi under current law both on a licensed gaming floor and outside of a licensed gaming floor. Any change to...more

Sweet Home Alabama for Daily Fantasy?

Alabama Senator Sanford introduced a bill February 2 that would exempt fantasy from Alabama’s gambling law The bill also would establish the Fantasy Contests Act to regulate the operation of fantasy or simulated contests in...more

Hawaii is No Paradise for Daily Fantasy Sports – Skill Measured by Average Players, not Experts

Hawaii AG Doug Chin is one of the latest to opine that daily fantasy sports are illegal under that state’s law. According to a press release accompanying the opinion, “Gambling generally occurs under Hawaii law when a person...more

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