The Online Gaming Legal Guide
Background:
The concept of an 'Online Gaming Legal Guide' came about
in early 2002 when Chris King of FISO Limited and
Charles Marks, deputy MD of Fantasy
League Limited, were discussing the difficulties facing new fantasy
sports websites in understanding the legal issues of running a fantasy
football game. For example, 'Fantasy League' is a term often used by fantasy gamers to describe a fantasy
game. What many people might not realise is that it is, however, a registered Trade Mark and cannot legally be used
without a license from Fantasy League Limited.
This is one of many legal issues that one has to consider when
setting up an online gaming web site. There are many others too.
- How do I get a Trade Mark registration?
- What is the law of 'passing off'?
- How do I register a domain name and what if someone
has registered the name of my game as a domain name?
- What does copyright protection cover and how is it acquired?
- What is a 'database right' and how is it infringed?
- What notification obligations must you comply with
for data protection purposes?
- How do you avoid defaming famous personalities on
your website?
- What do the terms linking and framing mean and are
they permissible?
- What are the Betting and Gaming regulations and is
your game legal?
- What jurisdiction of law governs your website?
To try to help remove the confusion, Fantasy League and
FISO have teamed up with City law firm Macfarlanes to create an Online
Gamers Legal Guide. Macfarlanes are one of the leading law firms in England and have a wealth of
experience in this field. They have put together an outline document covering many of the
considerations that have to be taken into account when creating a gaming web site. The aim of the guide is to highlight issues
that you need to consider before you setup a site. This should hopefully avoid future legal problems.
Please download the guide from here:
http://www.macfarlanes.com/pdf/fant_game.pdf
It is a valuable starting point that every
Webmaster running a gaming website should look at.
Another link of interest is the Government's
website
explaining the impact of Pool Betting Duty on fantasy games. Some specific
pages from there are:
Forecast and Fantasy LeagueŽ
competitions:
http://www.culture.gov.uk/what_we_do/Gambling_racing/gambling_law_until_sept_2007/fact_fantasy_league.htm
Bookmaker info:
http://www.culture.gov.uk/what_we_do/Gambling_racing/gambling_law_until_sept_2007/bookmaker.htm
Pool Betting Info:
http://www.culture.gov.uk/what_we_do/Gambling_racing/gambling_law_until_sept_2007/fact_pool_competitions.htm
For information on the legal issues of
the copyright on statistics and data for fantasy sports see:
http://www.fiso.co.uk/fantasy_sports_copyright_issues.htm http://www.fiso.co.uk/forum/viewforum.php?f=2
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