Balancing refers to the harmonisation of video game elements. It is crucial for the success of a video game as an esports title. Balancing is legally relevant when it is realised by updates. This is because the respective video game is then changed. This must be taken into account in the publisher's contractual relati-onships relating to the game.
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This article explains the phenomenon of account boosting in online gaming, a practice where players employ third parties to improve their in-game status. It begins by defining account boosting and its execution, followed by an explanation of the games’ Match Making Rating (MMR) system that aims to ensure a competitive and exciting experience for the majority of players. The article then discusses the motivation behind boosting and the social implications of high rankings in gaming communities and the allure of exclusive rewards. A significant portion is dedicated to the legal questions revolving around boosting, examining possible sanctions by the publisher and potential claims against commercial boosting services. This includes violations of the End User License Agreements, copyright laws, and unfair competition principles. The article emphasizes the challenges on legal enforcement, in particular due to the anonymity of boosters and the global nature of online gaming.
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The term buff refers to the strengthening of elements in video games. Buffs are typically carried out by updates. They may interfere with the integrity and fairness of esports compe-tition. On the other hand, they can serve to ensure integrity and fairness. Nerfs may potentially conflict with various contracts of the respective publisher concerning their video game.
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The concept of ‘digital assets’ currently lacks a clear legal definition. This ambiguity leaves players without a suitable legal recourse in cases of theft, loss, or inheritance. Existing property laws may not fully apply, and while crypto-tokens like NFTs promised to resolve this legal uncertainty, it is now clear that the broader issues remain. The debate has long extended beyond video games, where virtual property rights have been debated for decades. As technology evolves, particularly in the Metaverse, establishing legal frameworks for digital asset ownership becomes increasingly crucial.
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Generative AI (GenAI) refers to artificial intelligence technologies that use algorithms capable of producing new content, such as text, images, music, and code, from the training data they are provided with. These technologies primarily utilize advanced machine learning frameworks, including deep learning models, to analyze and replicate complex patterns found in existing data, allowing them to generate novel content that is not a direct copy of their training inputs.
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The contribution provides a general analysis of licensing as authorizing act, starting with an exploration of its role in different contexts (administrative, for example) and following with a clarification of its main features and possible structures, that allow licensing to adapt to many different business interests. After the initial overview, the contribution focuses on the role and characteristics of licensing in video games and competitive gaming (s.c. esports) industry. In particular, it explains the significance of licensing in facilitating both the production and distribution of video games – as part of more complex deals such as publishing agreements and cross-media licensing – and the authorization regime necessary to lawfully realize esports events and tournaments. As final notes, the contribution mentions the pivotal role of licensing in sponsorship agreements, which fuel the growth of esports by providing economic support in exchange for visibility of, often, traditional brands looking to get acknowledged by youngsters.
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