text/Nuocheng Game Method Zhu Junchao Yao Yixin
One week’s “Law” series of articles will collect relevant information about the current game industry and conduct inventory and interpretation from a legal perspective.
01 Apple may allow third-party
channel download applications
EU issued the Digital Market Law requires technology companies to allow users to install third-party applications and make it easier for users to change the default settings. This requirement may push Apple to allow users to download applications to iPhone and iPad 4 in 2024 from the third-party application market.
Apple has been condemning the act of installing software through third-party channels for years without using the App Store. In the process of lobbying against relevant provisions of the Digital Markets Act, Apple argued and believed that sideloading may place unsafe applications on consumers' devices and infringe on user privacy.
To prevent unsafe applications in Apple devices after the introduction of the third-party application market, Apple is discussing the idea of enforcing certain security requirements. Even if the software is distributed through the third-party application market, such applications may also need to be verified by Apple - a process that may incur costs.
At the same time, Apple has not yet made a final decision on installing a third-party payment system in the application - this is also a compliance requirement put forward by the Digital Market Law. If the intervention of opening up the third-party payment system at the same time, users will be able to bypass Apple's established payment channels, purchase subscription services or make in-game purchases.
Apple generated about US$95 billion in revenue from Europe (including the EU and the UK) in the 2022 fiscal year. The European region is the second largest market for Apple's global revenue. Apple is obviously willing to fulfill the compliance requirements put forward by the Digital Markets Act, and the introduction of third-party application markets will inevitably reduce the profits of the App Store. This is not the first time that Apple has to make major changes to comply with local laws. Apple also plans to use the TYPE-C interface on the new generation of iPhones in 2023 instead of the Lightning interface, which is also to meet EU regulations.
If it is determined that Apple channels in Europe are allowed to intervene in the third-party application market, game overseas manufacturers will have more independent choices for the listing channels. The timeliness of the new version update will no longer be completely restricted by the review efficiency of Apple channels, and at the same time, it will avoid the high commissions of Apple channels, and can get relatively practical discounts in terms of profit margins.
However, there must be differences in the development needs of software listed among various application markets. In order to meet the development requirements of third-party stores, and at the same time, in the face of Apple's possible update review requirements for applications listed in third-party markets, game developers need to make corresponding adjustments to the subsequent product package development.
02 Supercell Remove "Brawl Stars" loot box
Supercell's mobile game "Brawl Stars" will remove the loot box from December 12th. According to project leader Frank Keyenburg, all random elements will completely disappear from the game.
players no longer need to guess which character and what rewards they will receive for performing certain actions. According to the developers, on the day the corresponding update of "Brave of the Wild" is released, all rewards that players receive but do not have time to receive will be automatically added to their inventory. The system "Path of Glory" and Brawl Pass will be completely redesigned – instead of the current random rewards, there will be very specific prizes, and players will be able to plan their actions and set goals for themselves.
According to Keyenburg, all this is to completely eliminate any element of "random" and make Battlegrounds a more honest and predictable game. The reward system itself will be called Starr Road and its various elements within its framework, and players will be able to buy a new currency—Points.
The picture is a screenshot of the overseas version of "Battle of the Wild"
Appmagic data shows that as of now, the global cumulative download volume of "Battle of the Wild" has reached 355 million times, and its revenue has exceeded US$1.25 billion (approximately RMB 8.7 billion).
Nuocheng comment:
In recent years, countries around the world have increasingly stricter supervision of the gameplay of loot boxes. From Belgium , Netherlands to investigate the loot boxes, to Spain and Australia proposing legal bills, countries around the world strengthen supervision of loot boxes.
Despite this, most countries do not ban the in-game loot box (cannot be cashed in reverse), and focus on addiction, age restrictions and other aspects.
This time, "Brave of the Wild" completely deleted the loot box (including free and paid treasure chests), changed the game's reward system, and eliminated the random elements in the game. This change may be Supercell's strategy to deal with the global regulatory situation of loot boxes.
03 Private server games were cracked down again, and 12 people
were prosecuted in a concentrated manner
December 9, the People's Procuratorate of Longfeng District, Daqing City filed a concentrated manner 6 cases of copyright infringement by 12 people. The 12 defendants all reprinted the regular online game through private network servers for players to play, and collected fees from it, with an illegal operation amount of nearly 2 million yuan.
It is reported that Chen is a veteran player of a certain game. He understands that although the game seems outdated, many people still have feelings for it. People who play this game also suffer from the difficulty of upgrading and feel that it is difficult to calm down.
"rapid upgrade" is market demand. At the end of 2021, he hit it off with his colleague Yang and classmate Liu, who have technical experience. They collected the game client from the Internet, modified the game scripts, and made it into different versions of the game, placed it on the QQ group for players to download, and made it profit by allowing players to log in to a private network server rented and set up by Chen to sell point coupons to players.
The three people have a clear division of labor. Dividends are distributed according to shares. Yang is responsible for the overall technical support and 20% of the shares; Liu is responsible for the daily operation of the game private server, accounting for 30% of the shares; Chen is responsible for the overall work of the game, accounting for 50% of the shares, and it seems to be a "very formal company", but in fact they are different roles of illegal and criminal activities.
The defendants in several other cases also took similar methods to operate, infringing the rights of the copyright owner of the game.
Nuocheng comment:
Currently, "private server one-stop service" including private server development, agency, operation, release, promotion, and provision of payment platforms has become very rampant. Its essence is copyright infringement of privately operating games without the permission of the copyright owner.
In order to enhance the stimulation of the game and seize greater economic benefits, the infringer has unrestricted modifications to the game scripts and game rules, making it easier for players to be addicted to it. This type of private server gaming platform lacks effective supervision, which is very likely to breed illegal and criminal chaos such as online gambling and online pornography.
Therefore, pirated games not only infringe on the legitimate rights and interests of copyright owners, but may also seriously damage the physical and mental health of game participants, especially teenagers.
04 No compensation is allowed when the game is stopped? Consumer Council
Comments on the Seven Overlords of Online Games
December 13, Guangdong Provincial Consumer Council commented and analyzed the seven types of unfair format clauses of online games, including:
(I) Exemption of compensation or compensation liability for game operators when termination of game services
clause: "No matter what reason the game service is terminated, users should Take corresponding measures to handle virtual game items on your own, including but not limited to cancelling or stopping the use of user accounts, virtual game items and other related matters. Users shall not require any form of compensation or compensation liability for termination of game services, including but not limited to compensation required for no longer being able to continue using user accounts, virtual game items, etc. ”
Comment: Game currency, game services, etc. purchased in online games belong to network virtual property , and consumers enjoy corresponding property rights in accordance with the law. Article (11) of the "Notice of the Ministry of Culture and the Ministry of Commerce on Strengthening the Management of Virtual Currencies in Online Games" stipulates: "When termination of the service, for the virtual currency that the user has purchased but has not yet used, the online game operator must return the user to the legal currency or other methods accepted by the user."
The above clause stipulates that the game operator's losses suffered by the consumer after the termination of the online game service, improperly excludes the right to obtain compensation, and exempts the company's statutory compensation or liability for compensation.
(II) Relieves the announcement or notification liability of the game operator when termination of the game service
clause: "Users or XXXX Company may terminate the service at any time according to actual conditions. XXXX Company has the right to unilaterally terminate the provision of one or more services to users without notice; the user has the right to unilaterally terminate the acceptance of XXXX Company's services without notice. ”
Comments: The " Consumer Rights Protection Law " stipulates that operators have the obligation to provide real and comprehensive information. If they need to terminate the service, they should inform consumers in advance and explain the reasons to fully protect consumers' right to know. According to Article (11) of the "Notice of the Ministry of Culture and the Ministry of Commerce on Strengthening the Management of Virtual Currency in Online Games", if an online game operator plans to terminate the provision of their products and services, they must announce it 60 days in advance.
The above-mentioned format clause stipulates that both game operators and consumers have the right to list The party terminates the service agreement between the two parties, which seems fair, but in fact, it exempts the statutory responsibility of notification or notification of online game platforms, and excludes the consumer's right to know.
(III) Excludes the right to know, property rights, etc. when the game operator handles dormant or inactive accounts
clause: "If a user registers the XXXX Game Box account and does not log in to use it for three consecutive months, XXXXX Game Box has the right to cancel the account to avoid wasting resources, and the losses caused by this are borne by the user. "
" In order to optimize the server load and create a smoother and more stable gaming environment for more users, the company will have the right to uniformly and irregularly clean up some game characters (including but not limited to game characters with no login within a certain period of time, no recharge records, and low game levels), and take measures such as blocking accounts, deleting files or banning IP. The definition and specific cleaning rules for inactive accounts vary depending on different games. According to different games, the company reserves the right to make independent judgments on inactive accounts. ”
Comments: The restrictive measures taken by online game operators for accounts directly result in the consumer's virtual property in the game being cleared. The operating company not only did not set up pre-reminder or notification procedures, but also did not provide post-relief measures and channels, excluding consumers' right to know, property rights and right to claim compensation, and exempts themselves from their possible compensation liability.
(IV) Relieve the relevant responsibilities of game operators to ensure the safety of consumers' virtual property
clause: "If there are system failures, security vulnerability, program defects (bugs), program errors, etc., XX has the right to restore the game information to a certain date to maintain the balance of the game. The user knows and understands that he will not seek compensation or compensation. ”
Comments: According to the relevant provisions of the " Civil Code " and "Consumer Rights Protection Law", online game operators shall protect the safety of consumers' online virtual property.
In accordance with the above-mentioned format terms, the virtual property losses suffered by consumers cannot be compensated or compensated by the game operators, and exclude the right of compensation from consumers, and exempt the statutory responsibilities of game operators such as protecting the safety of consumers' property and compensating consumers' property losses in accordance with the law.
(V) The right to exclude or restrict consumers' compensation in accordance with the law
clause: "You explicitly agree that the risks in using XXXX services will be entirely borne by you; all consequences arising from your use of XXXX services will also be borne by you, and XXXX does not bear any responsibility to you. The liability for compensation borne by XXXX to you is based on the fees you have paid to XXXX, and is calculated based on the cost of the remaining part of the network service price provided by XXXX; if you fail to pay any fees to XXXX, XXXX will be exempted from any liability for compensation to you. ”
Comment: Consumers’ virtual property is protected by law.If the online game operator is at fault, the online game operator will suffer damage to the virtual property of the online game operator, the online game operator shall bear legal liability in accordance with the law and compensate the consumers for their actual losses.
The above terms either stipulate that the risks and consequences of using online game services shall be borne by the user, and they shall be absolutely exempted from their own liability, or improperly limit the amount of compensation paid to consumers by the game operator, reduce their own compensation liability, and exclude the restrictions on consumers' right to claim and fair trading rights.
(VI) Exclude consumers' right to know, property rights and other rights when the game operator handles their suspected violations
clause: "Users understand that if XXXX Company finds or receives reports from the infringed person or complains about the user's behavior that violates relevant laws and regulations and stipulates in these Terms of Service, XXXX Company has the right to take measures such as restricting, suspending, freezing or terminating the user's use of the service at any time without notice, and in accordance with the law, Laws and regulations keep relevant information and report it to relevant state authorities, etc.; all losses caused to users (including but not limited to communication interruptions, clearing or inability to use user information, emails and virtual property and related data, value-added services, products or services, etc.) shall be borne by the user and XXXX Company does not refund the fees paid by the user but have not yet been used. "
Comment: Consumers not only have no way to know the reasons for their restrictive measures, but also lose the right to raise objections, self-defense, and appeal. This clause improperly excludes consumers' rights to know, objection, property rights, right to claim compensation, etc., and directly exempts the game operator's liability for compensation. Especially in case of fault, it should be considered an unfair format clause.
(VII) Relieve operators from notification when modifying the agreement
clause: "XX Company has the right to modify the terms of this agreement when necessary, and please ask the user to check the relevant content regularly. If the user continues to use the services involved in this agreement, it will be deemed to be consented to the modification of the content; if the user does not agree to the modification of the content, he shall uninstall the game software, terminate this agreement and stop using the XX service."
Comment: According to the above format terms, consumers continue to use the services involved in the agreement without knowing the modification of the content, and will be presumed to agree to the modification of the content, which restricts the consumer's right to independently choose whether to accept the modification of the content, violates the consumer's true intention and violates the principles of equality, voluntariness, and fairness. Improper terms exempt online game operators from prompting and explaining the format terms, and limits consumers' right to know and choose.
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