Gamblification: The Legal Status Of Gambling Mechanics In Interactive Entertainment

(3460 Ratings)

Produced on: December 10, 2015

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 90 minutes
Difficulty Intermediate

An increasing number of interactive entertainment offerings include some form of gamblification, i.e., the use of gambling mechanics for non-gambling purposes. Many of the top apps in the App Store are simulated casino games, where players pay real money to win virtual chips, but cannot cash out. Other apps use virtual currency and other game mechanics to give players a sense of “winning,” albeit not real money. One cannot turn on the TV without seeing an ad for fantasy football, where players pay money to select players and whoever’s player earns the most points wins cash prizes 

Many similar game mechanics and business methods are being used in other creative ways. All of these offerings create great player excitement and are producing huge revenues. However, such offerings need to be carefully analyzed to ensure legality under federal and state laws. Many regulators are taking a closer look at the legality of some of these offerings and a number of state legislatures have passed or are seeking to pass new laws to specifically address these types of activities.

This course, presented by James Gatto, Sheppard Mullin’s Co-leader of its Social Media and Games Team, reviews the legal issues with gamblification, addresses some of the current legislative and regulatory activity and offers practical guidance to consider when leveraging gamblification in interactive entertainment.

 

Learning Objectives:

I.      Identify types of gamblification activity

II.     Grasp relevant federal and state laws and regulatory activity

III.    Assess how these laws apply to different types of activities

IV.    Provide practical guidance to reduce legal risk with gamblification

Faculty

James G. Gatto

Sheppard, Mullin, Richter & Hampton LLP

Jim Gatto is a partner in the Intellectual Property Practice Group in the firm's Washington, D.C. office. He is also Co-Team Leader of the firm's Digital Media Industry and Social Media and Games Industry Teams, and Team Leader of the firm's Open Source Team.

 

Areas of Practice

Mr. Gatto leverages his unique combination of nearly 30 years of IP experience, business insights and attention to technology trends to help companies develop IP and other legal strategies that are aligned with their business objectives. His practice focuses on all aspects of intellectual property, internet and technology law, including patent, trademark, copyright, trade secret and open source. Mr. Gatto advises clients of all sizes (start-ups to Fortune 100 companies) on key legal and business issues relating to the use of social media, video games, social games and online gambling (gamblification), virtual goods and currency, social networks, virtual worlds, mirror worlds, augmented reality, open source user-generated content, location-based services and gamification.

 

He has extensive experience advising internet and social media companies on business and legal strategies relating to virtual goods and virtual currency, developing IP protection and monetization strategies, handling terms of service and end user license agreements, development, licensing and partnership agreements, developing DMCA policies, handling DMCA enforcement, privacy and COPPA policies and much more.

 

Mr. Gatto's practice is national and international, and it encompasses a full range of IP and technology issues, including: patent, trademark, copyright and trade secret litigation; counseling and technology transactions; developing and implementing IP strategies to protect and to monetize IP assets; creating and implementing corporate IP programs; conducting IP audits; conducting complex patent prosecution, including patent appeals, interferences, Inter Partes Review (IPRs), reissues and protests; handling patent enforcement issues, including licensing and litigation; negotiating and drafting technology agreements; conducting IP due diligence in and negotiating IP aspects of mergers, acquisitions and financings; rendering opinions concerning the infringement, validity and enforceability of patents; handling trademark prosecution, domain name, copyright and trade secret matters; handling IP aspects of employment issues; advising clients on legal issues associated with open source software including open source patent issues, licensing, open source compatibility issues, indemnity issues and developing and implementing corporate policies on use of open source software; advising clients on the legality of cutting edge Internet business methods and technology; and advising clients on computer law issues such as computer fraud and abuse and SPAM-related issues.

Reviews

KR
Kenneth R.

Very good program

CS
Chia-Lin S.

Relevant info for tech industry

WB
William B.

This program covers a very complex subject that can be critical to those affected. It was great to get an overview with some emphasis on the application to existing and evolving law to evolving technology. Thanks!

CR
Chris R.

Fantastic and interesting.

MB
Michael B.

Excellent; very interesting on a new topic. Highly recommend.

GH
Grace H.

Enjoyed program, but may need update soon given S. Ct. case currently pending.

NG
Nadia G.

Interesting topic. I enjoyed learning about the various definitions/components of gambling.

GP
Gregory P.

Best course I've taken on LawLine.

MG
Michael G.

Fascinating and informative. Great topic and presentation.

JH
Jay H.

Excellent presentation.

IA
irina a.

lots of nuances i was not aware off before. it is not my area of practice, but this issue came up twice in the past few months, so your program was very helpful. thank you!

LM
Louis M.

INformative

SP
Samuel P.

Great course!

AW
Andrew W.

Great presentation. I find the whole area fascinating for quite a long time, and this really helped bring some of the issues on gaming into focus (specifically the gaming that is not really gambling.) There is really such a form over substance in this field.

CB
Carrie B.

Great explanation of the terminology and standards in this area of law.

GT
gretal t.

very informative - thank you!

RS
Rebecca S.

Very interesting topic.

KF
Katie F.

totally enjoyed this CLE

JR
Julia R.

interesting program.

MG
Mark G.

Incredibly detailed and nuanced presentation on a very complex subject. Examples and explanations and analogies provided contemporary real-world perspective.

MP
Marc P.

NICE PRESENTATION

CB
carol b.

Excellent presentation.

RV
Ron V.

Very interesting course. I was only slightly familiar with the standards by which certain activities were (or were not) considered "gambling". This course provided clarity to a complicated issue.

TG
Tom G.

Interesting subject. A good survey type class.

BH
Ben H.

Good speaker and interesting topic.

DG
Darla G.

Bery interesting.

DG
David G.

Highly recommend this course

SD
Stephanie D.

learned a lot

TR
Timothy R.

Terrific program.

PC
Patrick C.

Great job, very informative!!

SL
Steven L.

Highly informative and useful.

JC
John C.

very good

KA
Kathryn A.

very good presentation and interesting material

RH
Richard H.

One of the most interesting CLE's I've seen in recent years.

SS
Stephanie S.

it was good

SL
Steven L.

Good approach to talking about a subject I was not familiar with.

JB
James B.

Very interesting, thorough and informative.

SA
Sharron A.

Outstanding presentation.

JF
James F.

Good discussion

RW
Rick W.

One of the best courses yet!

RC
Russ C.

great program, learned a lot about daily fantasy sports.

SD
Scott D.

great presentation, speaker was well versed.

MV
Michael V.

good presenter who covers the complexity of this area of law

TR
Tracie R.

This was surprisingly interesting!

JC
james c.

Very interesting on a developing subject matter.

DS
Deborah S.

very interesting... a total new area of law...

SG
Sarah G.

The lecturer presented the material in a very interesting and easy to follow way. i would watch more of his courses

TK
Tamara K.

Informative.

EW
Elysa W.

I found this course very interesting!

JR
Jason R.

good job.

JV
Jose V.

This has been my favorite lawline course thusfar. Fascinating.

PB
Paul B.

That was excellent. Very well done.

JR
Joel R.

Great course

NS
Norman S.

very informative

SS
Sarah S.

very interesting course

CL
Courtney L.

Mr. Gatto had terrific command of the subject matter and is an effective teacher.

RB
Robin B.

Outstanding presentation. I learned a lot of interesting information.

PF
Patrick F.

Whew....a lot there but well presented.

JH
J. Donald H.

Gambling is not my area however it was interesting.

DH
Dana H.

very informative

SO
Sean O.

I would have enjoyed more comparative analysis regarding differences in states' laws.

JF
Julie F.

This was fascinating to me. I wonder if this is why Notre Dame changed their ticket lottery policies, so instead of cashing your check (and keeping the money for 3 months, earning interest) and then sending you money back for tickets you didn't win, you now give a credit card number that is only charged if you win the tickets. Very good presentation.

CJ
Christopher J.

Very thorough and sensible presentation of the subject.

WY
Wendy Y.

excellent

AF
arthur f.

very interesting-- I took lots of notes . covered fantasy sports, sweepstakes--gets complicated in a hurry in legal analysis.

YL
yekaterina l.

I really enjoyed the uniqueness and growing relevance of this topic

SM
Shannon M.

Very good info!

BP
Brian P.

Really interesting.

HJ
Hilary J.

Good program.

AH
Andrew H.

This was a fun one

RP
Robert P.

Excellent.

MA
Mark A.

very expansive and good coverage

RF
Robert F.

knowledgeable speaker

MS
Michael S.

Excellent

RP
Robert P.

Well done all the way around. Interesting and timely topic too! Thanks.

SB
Steven B.

Very good presentation!

GK
George K.

Good course

CM
Courtney M.

Very interesting.

BB
Belinda B.

This really highlighted important legal issues.

DM
david m.

extraordinary presentation- great job and Thank-you.

FC
Frank C.

Nice presentation of interesting issues

HI
Hilary I.

Very interesting subject

AD
Alfred D.

A totally new area of law for me but very interesting.

CM
Christopher M.

excellent session

EL
ethan l.

very good overview and concise recitation of relevant/existing case law.

EF
Elizabeth F.

Mr. Gatto gave incredible lecture.

TB
Terry B.

Excellent course; very articulate speaker

DD
Dmitri D.

One of the best courses here. Very useful guidance.

SS
Shaun S.

Fantastic!

JW
John W.

Good program

MF
Michael F.

Thought it was good

DE
Diane E.

many factors to consider--good presentation

MS
Michael S.

Excellent presentation

JB
James B.

Good presentation

RA
Raymond A.

this is a good program

SS
Steve S.

I learned alot

JL
James L.

informative

FB
Fabian B.

excellent

CO
Claire O.

excellent!

SG
Sebastian G.

very timely topic

GK
Glen K.

very informative and relevant; like a quick law school class in online gambling

VB
Vid B.

Interesting and would recommend

CG
Cynthia G.

I enjoyed the PowerPoint that went along with his talk!

MM
Michael M.

The instructor was very well prepared

JM
jennifer m.

This was a well organized and informative presentation. I really enjoyed the attention to detail and some of the finer distinctions highlighted using the case law.

NC
Nicholas C.

Great course!! Very interesting and well presented.

MP
Mary P.

Fascinating introduction.

WI
William I.

Very interesting and informative.

PG
Patrick G.

Found course to be very informative.

RH
Robert H.

Very Interesting take on normal business using gambling devices to attract customers

EG
Edward G.

very interresting

SB
Susan M. B.

Very informative and extremely enjoyable. Great speaker. Very well organized and detailed materials.

BS
Benje S.

One of the better online CLEs I have listened to. Interesting topic presented very well.

ST
Suzanne T.

Excellent.

TG
Thomas G.

Excellent speaker and program

JB
Jessica B.

This was a really good presentation.

TS
Terry S.

Very interesting and informative.

WK
William K.

Very good and timely course

GM
gailon m.

Interesting topic on a hot area of the law.

JM
JIM M.

James did a real nice job! Enjoyed it very much.

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