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AI, online platform regulation and loot boxes: Legal trends to watch in 2024

Jan 24, 2024 - gamesindustry.biz
The article reviews predictions made a year ago about legal trends in the gaming industry for 2023 and provides new predictions for 2024. The topics discussed include artificial intelligence and copyright, online platform regulation, the metaverse, NFTs, terms of use/EULAs, loot boxes, unfinished products, free-to-play and paying with data, clones and IP disputes, and market dominance and platforms. The article notes that AI has become a hot topic in legal discussions, especially regarding copyright law. It also highlights that the Digital Services Act has imposed new requirements for online platforms, and that the metaverse did not emerge as a major issue in 2023 as expected. The article predicts that AI-created game code and databases will be a focus in 2024, and that the forthcoming AI Act will be critical about "emotional recognition" and "social scoring."

The article also discusses the impact of NFTs, noting that many investors lost money in 2023, and predicts that tokenized games might have to look for an audience other than core gamers to be successful in 2024. It also mentions that the enforcement activity regarding Terms of Use on the EU level was lower than expected in 2023, but predicts increased enforcement in 2024. The article also predicts increased scrutiny of monetization methods, including loot boxes, and suggests that the changing business models of big players like Meta and Google will affect the games industry. Finally, the article notes that clones and IP disputes will continue to be a major issue, and predicts that the use of AI in game content creation will not make disputes any easier.

Key takeaways:

  • Artificial intelligence (AI) and copyright issues have been a major legal topic in the gaming industry, with questions arising about the ownership of AI-generated content and the protection of artists' works.
  • Online platform regulation under the Digital Services Act (DSA) has been a challenge for gaming companies, with many struggling to comply with the new obligations.
  • Non-fungible tokens (NFTs) have not taken off in games as expected, with many investors losing money and regulatory concerns arising.
  • Intellectual property disputes and issues with clones continue to be a major issue in the gaming industry, with the use of AI potentially complicating matters further.
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