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!

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.

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]