Allowing users to create custom content & looking for a uk based IP solicitor.

NewBreed · 2008-05-17T12:22:19

Hi, Backgound and problem: I'm developing a MMO and it is going very well, although there's a feature I'd like to add in, but it may be a bit of a legal stumbling block. The feature is that the user can create custom models (including textures) for the game; these objects are then uploaded and stored on my servers, then when a virtual character is in the vicinity of the virtual character who created the custom object, the object is downloaded to the new character so they can see the object. For an example, assume The Sims was an MMO and every player had their own household. Player A may create a custom model that is based on (e.g.) a ferrari. Then when player B visits player A's house, that ferrari object is then downloaded from my server onto their computer so that a ferrari shows up on player B's screen. I think the problem here is obvious, but it seems this is a bit of a grey area to me. Just to clarify the above though: 1) I provide original stock objects for the players, and that is what they pay for. Just because they sign up to the game, they don't get access to a ferrari model - this has to be created by the player. I'd like it where a user is capable of sharing the model with other users so that they could own the ferrari also without creating it themselves. If the sharing of models could be a tripping point - it goes the journey. 2) They also get a tool that is capable of creating custom objects + textures. They are free to create any content they wish, which may be based on existing trademarks etc. Questions: So, after considering the above: 1) How do I stand with the above, bearing in mind I am not selling, nor advertising the user created content for or in my game. But I will be advertising the tool that can create custom content, NOT for the deliberate purpose of copyright/trademark infringement, just the capability of being able to create custom content. 2) How would this work in an International arena, I'm based in the UK, but clearly if the trademark holder is overseas (most likely the US), does this complicate matters? 3) I'm aware that I may need to speak to an IP solicitor for a bit of a more definite answer, so if anybody knows a good and reasonably priced UK based IP solicitor, I'd be grateful of that also. Clearly though, if the entire idea is a resounding no, then it isn't worth my while seeking professional legal advice. Thanks very much for your help. NewBreed. Edit: I've just ran across Second Life, this seems to have a similar issue. From what I can gather they crack down on real life copyright infringement very well, but does the fact that their users pay each other for these objects make the difference? Never mind, according to what EdR says, infringement is probably rife. [Edited by - NewBreed on May 15, 2008 7:03:19 PM]

Games Business and Law Business

Started by NewBreed May 15, 2008 04:05 PM

12 comments, last by Obscure 16 years, 6 months ago

NewBreed

Author

263

May 16, 2008 07:43 AM

Thanks you everybody for your responses, clearly a feature like this is a minefield, for now I think it is best to leave this feature out until I'm capable of getting some solid EULA worked out for something like this. Thanks for the directory obscure, it will come in useful I'm sure.

Thanks again all for your responses,
NB.

monalaw

1,387

May 16, 2008 11:47 AM

Quote: Original post by NathanRunge
1. Speak to the solicitor.

2. asp_ is right. You should include a statement in the custom creation section that clearly states that all content must be the user's own work or with the express written permission of the owner of the work. «Studio» is not responsible for user added content. Again, see a lawyer about this.

That isn't is an airtight defense.

I could be wrong, but IIRC solicitors don't do much in the way of litigation. This is a heavily litigated matter, and no amount of risk-shifting or limited liability in the EULA will protect you from possible lawsuits. This is especially true when the developer includes material in the content-creation libraries that is either copyrighted or confusingly similar and/or a ripoff existing trademarks.

You want to make sure that your solicitor is well connected to a barrister with experience in international IP litigation. I'm not sure if barrister and solicitor are interchangeable, but from what little I know of the British legal system solicitors usually concern themselves primarily with transactional matters.

Best of luck!

~Mona Ibrahim
Senior associate @ IELawgroup (we are all about games) Interactive Entertainment Law Group

NathanRunge

725

May 17, 2008 11:16 AM

I agree, it isn't. That's why I made a point of stating he should see a lawyer about it. For an independent studio it's probably best to avoid things that will likely get you sued.

Personal Page: http://www.nathanrunge.com/ Company Page: http://www.ozymandias.com.au/

Obscure

175

May 17, 2008 12:22 PM

An interesting article over at Gamasutra, which focuses on the topic of Online Worlds And Real Legal Disputes. The article clearly shows two things:
1. The law is different from country to country and state to state - thus making it much more problematic to deal with.
2. Even the lawyers can't actually tell you up front if something is legal or enforceable. Ultimately you will have to go to court to find that out.

[Edited by - Obscure on May 19, 2008 8:22:11 AM]

Dan Marchant - Business Development Consultant
www.obscure.co.uk

Allowing users to create custom content & looking for a uk based IP solicitor.

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