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Daniel Gary Rosenthal

Daniel Rosenthal’s Answers

854 total


  • Using popular names (Famous people, Company Names) in board games.

    We are producing a board game with a set number of cards of which there are 100+. Out of those 100 cards, we have about 10 ubiquitous/famous names on cards, ranging from actors, corporations and professional sports leagues. Without going into ...

    Daniel’s Answer

    Sounds very fact specific, based on the very limited details that you've provided. You'll need to consult with a gaming industry IP attorney to look over your specific scenario and give you targeted advice and counsel. There's no way anyone can say for certain without more information (for which you'll need to pay an attorney).

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  • Can I file a class action lawsuit against a video game company for false advertisement?

    Sledgehammer Games recently released a video game called "Call of Duty: Advanced Warfare". One of their marketing strategies was claiming the game would use "dedicated servers", which presumably lead to increased sales. After the game released, th...

    Daniel’s Answer

    Possibly, but unlikely. Features change in games between marketing and release -- that is a fact of this industry. I don't see a valid claim here for deceptive or false advertising, especially when it is considered that Sledgehammer/Activision DOES use dedicated servers for some portion of the gameplay -- see, e.g. this post on Reddit indicating the use of Gameservers.com for dedicated server hosting (http://www.reddit.com/r/pcgaming/comments/2ly5r3/clarification_call_of_duty_advanced_warfare_does/)

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  • Can I file a claim against an online game company for harassment?

    For the past 6 months I have repeatedly been sent game requests for the game Farmville 2 owned by Zynga on Facebook sent through the profile of a recently deceased friend that had passed less than a year ago.I have reported harassment claims to Fa...

    Daniel’s Answer

    There is a setting in Facebook that will allow you to block all requests of this type, without blocking it from other games. I'm going off of memory here, so the procedure may have changed slightly due to UI improvements but -- when you receive a notification for Farmville, or any other game, click the notifications button on facebook (the globe in the top-right corner), and hover your mouse over the Farmville notification. Look in the top corner of the notification, you'll see an "X". Click it and it will hide that particular notification, and you'll be given an option to "Turn off all notifications from ?" Select that, and you'll be free of Farmville notifications from the future, without affecting other games that you may actually want to play. (This same strategy works on many, but not all, types of unwanted notifications on Facebook).

    Best of luck.

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  • Is items purchased with real money in an online game my property to sell for cash, even if the games rules says no?

    I play an online card game. I have spent quite a bit of money on it. I decided to try to sellmt stuff for cash, even though the games rules say you can't. But the way I see it, I bought it, I own it. Is this not so? They suspended my accoun...

    Daniel’s Answer

    No, the way you see it is wrong.

    First, the games "rules" are a contract, which you agree to in the EULA or terms of service. You don't just get to fundamentally change it simply because you want to.

    Second, the prevailing view of virtual goods in online games is that players do not have an ownership interest in them unless the game explicitly gives them one. So, unless you're playing something like Second Life or Entropia Universe, you're out of luck.

    Really, it seems like you already know the answer here.

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  • Can I sue a casino?

    I was on a voluntary exclusion from all state casinos, however this was lifted early this year. All casinos were informed of the lift of my self exclusion ban. When I went to a casino I was illegally detained for an hour and cited I was trespassin...

    Daniel’s Answer

    Of course you can sue; this does not mean you'll win or even receive a favorable outcome. However, it doesn't appear that you need a gaming attorney. You may need a criminal defense attorney to get the citation dropped (if it hasn't been already). There really is no issue of gaming law here. Best of luck.

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  • Weekly competivie gaming for cash prizes

    I want to hold tournaments where people come together and compete for awesome prizes for a small entry fee in ga under a company name. Would this action be deemed as gambling or any other legal conflict? They will be competing in the world of vide...

    Daniel’s Answer

    Generally speaking, in most states, when structured properly (and any fees or registrations owed to the state are properly performed), this is legal. On the other hand, that doesn't mean it can be done with no prior preparation. You should have a legal entity performing the contest, drafting the rules, administering the prize money, etc. Otherwise you may be personally liable for any disputes. You should have a clear set of rules, and clear advertising guidelines for how this event is marketed. If this is to be done physically (rather than via online multiplayer), you may need to clear whether the location you're conducting the event is allowed to host these kinds of things. You should have terms and conditions drafted for the contest. You should have some written policy in place and oversight procedures for handling your cut/rake from the entry fees.

    As you can see, it's not quite so simple as "Is it legal or not." You should consult a gaming attorney familiar with the video game industry for further advice.

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  • Does my landlord have the right to demand detailed information on about my internet service provider/personal accounts?

    My landlord said if I didn't show up at his maintenance technicians apartment between 5:30-6:00pm with my internet account #, password, date i set up service and any other pertinent account information he would not allow me to set up service with ...

    Daniel’s Answer

    • Selected as best answer

    There is absolutely no reason whatsoever you should be giving your landlord your password. The other information MAY (and I stress MAY), be necessary to set up installation. The terms of your lease will govern this agreement. It's not necessarily illegal for him to ask for these things. But under no circumstances should you be giving your password to the landlord. And honestly, if he's asking for that, he either has no idea what he's talking about; or he's into something very shady. Either way, I'd be moving out as soon as possible.

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  • Can any legal action be taken against this game company? Or used as a scare tactic to get them to repair their damages?

    A mobile game company recently released an update after years of promising to do so, but in the process have deleted all of the player accounts and data on their Windows Phone version. Do the hundreds of thousands of players who have purchased mic...

    Daniel’s Answer

    • Selected as best answer

    It's possible, but it would not be cost effective to pursue without your losses being in the several thousands of dollars. And you wouldn't have any guarantee of winning. It'll depend on the EULA, the mechanisms of the update, whether there was any notice of the wipe (or whether it was intentional), what the terms of the microtransaction sale were, etc.

    I'd simply find a different game.

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  • Is it trademark infringement to make a video game, solely as a portfolio piece, that uses a trademarked fictional character?

    My friends and I are planning to start a video game project that uses Marvel Comics' Moon Knight as the main character. We intend to use this project solely as a portfolio piece since we are fresh out of college and looking for industry jobs. The ...

    Daniel’s Answer

    • Selected as best answer

    What I can tell you is that this won't help you get any jobs; in fact, it will hinder it. As someone who has worked in game development, if an applicant sent me their reel with IP that belonged to a well known company that they DIDN'T themselves work on professionally, I'd throw it in the trash immediately. Studios are going to want to see that you can work creatively and develop your own original content, not copy what already exists. As for pitching it to Marvel, the same principle applies -- doubly so, as they're not going to sign a deal with amateurs like that. They have professional in-house teams that work with AAA studios to develop new games. Your pitch, like every other fan-service project that they've seen over the years, is going to go straight into the trash.

    Sorry that it's harsh, but it's true. That's how this industry works. Spend time coming up with your own, original work if you want to get hired.

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  • Can I sell a video game walkthrough? Can it include pictures?

    I will create a guide for a Nintendo game "Hyrule Warriors". I intend to sell it on Amazon. It will be 100% original content. I found other guides for other games made by "unofficial" players, I would call my guide "unofficial" and not include the...

    Daniel’s Answer

    You will almost certainly be sued by Nintendo for doing so. First, you are saying that it would include 100% original content; that's not the case. It's actually including Nintendo's content -- what you mean to say is that you'd be writing it yourself. That's not the same thing as not including Nintendo's IP. Your actions would almost certainly infringe on their trademarks in the Zelda/Hyrule series IP. If you are including pictures, you're likely going to be infringing copyright as well. "Other people do it" is not a valid defense. You'd be attempting to profit off the goodwill and work put in by Nintendo in the developing of their game and its associated, properly licensed strategy guides (such as those by Prima).

    Additionally, your business plan is frankly awful. Very few people buy strategy guides and walkthroughs anymore, and the ones that do, purchase them from well known publishers like Prima. Nobody is going to spend their money on an amateur-written, unofficial guide from someone with no experience. They're especially not going to do it when they can get the same results from going to GameFAQs, or YouTube, and getting information from well-known LPers and FAQ writers, for free.

    I'd suggest re-thinking your strategy.

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