Adam Starr on LinkedIn: #videogamelaw #roblox #indiegames #indiedev #markowitzherbold (2024)

It's all in the "game"; defining the game in your contracts.#videogamelaw #Robloxlaw #Roblox #Indiegames

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The NYtimes reporters need a tutorial on the basics of the rules of evidence so they don’t put out ridiculous commentary like this. 1. Trump’s statements are admissible as party opponent admissions. 2. It probably wasn’t being offered for the truth. 3. Cohen’s credibility is at issue no matter what he says. Sheesh. #evidence

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Defining the “game” in your contracts.Why does it matter?Here's a hypothetical: you agree to pay $10k for a 25% revenue interest in a game.No IP.Revenue only. Let’s say its a #Roblox game called “Anime Bowling.”Your contract says: “I will pay $10k for a 25% interest in all revenue generated from the game known as ‘Anime Bowling’ on the Roblox platform (the “Game”), less only Roblox platform fees.”First off, congratulations, you've read my prior posts, and the contract clearly identifies that this is a revenue interest only (not an IP interest), and it also explains how revenue is calculated.But, what are the potential issues with how the "Game" is defined?Here are some examples: What if the Game gets ported over to Fortnite?Do you get revenue generated by the Fortnite game? Probably not, since “Game” is defined as being on Roblox only.What about sequels? Do you get revenue from Anime Bowling 2?Probably not, since the Game is defined only as Anime Bowling not “Anime Bowling and sequels.”What about spin offs? Do you get revenue from Anime (Obby) Bowling? Again, probably not.What about merchandise?That’s a little less clear.Is merchandise “revenue generated from ‘Anime Bowling’”? An argument could be made that merchandise is distinct from the Game.None of these are necessarily problems, unless you and the seller hadn’t thought about these issues in advance.Here’s another:Let’s say the seller is a shady bloke.He takes the game down, and re-uploads it under a different Roblox ID, and makes a small change to the title, calling it “Anime Bowling X.”Do you get revenue on this game?Technically, by the words of the contract, you probably don’t get revenue on this “new” game.But, there are some legal doctrines that cover this type of unfair play, that I’ll cover another time.Stay tuned for some examples of other ways to define the “Game.”#Roblox #indiegames #Robloxlaw #videogamelaw #MarkowitzHerbold #IndieDevs

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Do you want more trial work but without all the hassle of discovery? Do you want to feel good about your work? I have the answer!We've partnered with Legal Aid Services of Oregon (LASO) to provide free representation to survivors of domestic violence in restraining order trials.Typically I'm contacted by LASO a few days before the trial and asked if I'm free to try the case. If I'm lucky, I have an hour or two to meet and prep the client, plan the direct, and map out the case. There's no discovery or depositions. It's true trial by ambush. As Bill O'Riley says: "*** it, we'll do it live!!!"The trial is typically a half day, complete with opening and closing statements, and live witnesses. Sometimes the respondent has an attorney, sometimes not.The Oregon Association of Defense Counsel asked me to write an article about what it's like to take these cases, and how it can help your commercial practice.A number of folks at my office have done these pro bono trials, including: April Stone, Joseph Levy, Josephine Kovacs, Anit Jindal, Alexandra Rhee, and Chad Naso. It's a great opportunity to support a worthwhile cause.If you are interested in learning more, reach out to me, or Shelby Smith, LASO's pro bono coordinator. #trials #probono #MarkowitzHerbold

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Trial lawyer 101 is to go out on a high-note. What a terrible way to end a cross examination--on a motion to strike that's over-ruled. The jurors are more likely to remember how you end.I know Chad Colton, Laura Dominic and Christopher J Dominic agree, amirite??#triallaw #triallawyers

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We’re still talkin’ #Robloxlaw payment issues.But what about the revenue that doesn’t make it into #Roblox’s autopay system?Earlier I gave an example of a contract provision that covers the use of recurring payments and holding money back for costs. But it didn't address revenue that falls outside of Roblox's recurring payment feature.This could include, for example, brand deals or merchandise.If your game is a runaway success, you might put it on a different platform, like mobile or Fortnite.None of that revenue funnels into Roblox’s recurring payment system (duh).So what to do?First, you need to make sure that the definition of “Game” is broad enough that it covers all platforms. (More on that another time).Second, you need to clarify how money that is generated outside of Roblox’s recurring payment is treated.An example might look something like this:"All consideration of any form or nature derived from the publication and/or exploitation of the Game that is not otherwise paid through Roblox’s recurring payment feature (including but not limited to: brand deals, and advertising monetization sourced from outside the platform, merchandising, and monies generated from other gaming platforms) shall be paid to the Parties equally, on a monthly basis, after deduction of costs, via bank-to-bank transfers or other method agreed to by the Parties."A couple of things to notice about this example.(1) It broadly defines off-platform revenue; (2) it specifies how often these off platform payments should be (monthly); (3) it specifies how the off platform payments are to be made (bank transfer); (4) and it reiterates, from our prior example, that the money is to be split equally after costs.These are the types of things that, if left unaddressed in a contract, could cause fights later.#Robloxlaw #videogamelaw #Roblox #indiegame #IndieGameDev #RobloxDev #MarkowitzHerbold

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