게임 개발자용 컨퍼런스 「CEDEC 2024」로부터, 2024년 8월 22일에 개최된 세션「게임 실황에 있어서의 「전달 가이드 라인」의 이용·작성상의 법적 문제점」을 소개하자.
등단한 것은, 실황 전달의 여명기부터 머니타이즈에 임해 온 oldsport 대표의콘도 사이치 씨와, 게임이나 엔터테인먼트, e스포츠 등의 법무 및 M&A를 전문으로 하는 TMI 종합 법률 사무소 소속의 변호사 ,오치아이 이치키 씨다.
Regarding the presence or absence of a page related to distribution guidelines, approximately 90% had a dedicated page. In cases where the page does not exist, there have been cases where it has been listed in the product overview on Steam, or in rare cases, permission has been granted through posting by an official X account. |
Finally, they also conducted an analysis using text mining, but apparently there were not many interesting discoveries from this. However, he felt sad that there were fewer mentions of Twitch, which is where Kondo's main activities are, compared to other platforms. |
Thinking about distribution guidelines from a legal perspectiveFrom here, Mr. Ochiai analyzed the distribution guidelines from a legal perspective. First of all, the significance of formulating distribution guidelines is easy to understand. If you distribute without guidelines, it will be copyright infringement, and in the worst case scenario, you could be arrested and face criminal penalties.In other words, clearly stating the guidelines will help stabilize the legal status of distributors. If manufacturers want to use distribution for sales promotion, it is necessary to prepare guidelines. Mr. Ochiai said that although not all manufacturers have the same idea, this idea is included in the base. was also considered. Since distribution guidelines are widely published to general distributors, most of the text is composed of plain sentences that do not use legal terminology. According to him, the majority of cases were written in such a way as to ``support the activity'' or ``do not claim infringement of rights,'' and there were very few cases in which they clearly stated ``permission.'' It seems that they are deliberately avoiding this, but what kind of effect will it have if these guidelines are viewed legally?Since there are no explicit documents or precedents, this is just Mr. Ochiai's opinion, but if a judicial decision were to be sought, even if this method of writing was used, the legal effect would be the same as if it were ``permission''. His conclusion was that it would. Please check the slides to find out why, but in the end I think it would be easier to understand if it said "I consent." The conclusion is that there are many cases in which this is recognized as a sole act. However, it is true that some doubts remain, and he said that it would be legally clearer if the rights of use were established through agreement between both parties.
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