• tal@lemmy.today
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    15 hours ago

    I don’t know if I fully agree with the petition, but I do think that there are some real problems with the status quo.

    I also think that either a legislature or courts need to provide legal criteria for the good or service division with games. I think that there probably need to be “good” games, "serviceʾ games, and possibly even games that have a component of both.

    But I’m not in the EU or UK.

    I also am kind of puzzled by this:

    https://www.stopkillinggames.com/faq

    Isn’t the law on this already settled?

    A: It mostly is within the United States, but not in many other countries.

    It doesn’t sound like it was as of 2020 in the US, at least on the good/service distinction:

    https://www.carltonfields.com/insights/podcasts/lan-party-lawyers/youve-been-served-legal-effects-games-as-service

    Of course, case law has never really been settled on whether games are goods or services. Right, Steve?

    Steve Blickensderfer: No. No, I haven’t been able to figure this out one way or the other looking at the cases.

    A few quick searches haven’t picked up US case law, if it’s out there.

    • ProdigalFrog@slrpnk.netOP
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      5 hours ago

      It doesn’t sound like it was as of 2020 in the US, at least on the good/service distinction:

      The creator of the Stop Killing Games campaign did a segment about the viability of fighting it in the US in a segment here: https://youtu.be/DAD5iMe0Xj4?t=1097

      tl:dr, the motivated lawyer he talked with on it eventually found a court case that set a precedent that would be extremely difficult to fight in such a pro-corporate court system without extreme amounts of legal funds. This is why the Stop Killing Games campaign is focusing on implementing laws in the EU and other non-US countries.