With meatspace commitments causing no-end of stress and herculean amounts of work for me, Lawful Neutral had a bit of a slow year that I’d like to amend in 2022 (which surely has to be better than 2020 and 2021, right?). But the MMO legal news feed definitely didn’t slow down at all. If 2020 was the Year That Wasn’t, 2021 became the Year That Was for MMO legal news… almost.
I say “almost” because we had a mind-boggling amount of legal situations start this year, but almost nothing actually resolved. This isn’t necessarily surprising as these things are often measured in years and not months, but it does leave the whole of 2021 feeling unresolved from a legal perspective. I pulled out some of the high profile happenings of 2021, but as I said, there’s a whole mountain of legal issues that I can’t even hope to touch on in just one article. Let’s dig in to the big stuff.
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Harassment and discrimination
This is more of a theme across the whole industry more than any particular lawsuit. 2021 was the year that we saw Riot get taken to task yet again over its ongoing harassment and discrimination misdeeds. Ubisoft found itself in the spotlight as well, as the French video game workers union launched harassment charges against the developer.
Some players and communities have made sure that the harassment doesn’t end in the studio. We saw the Anti-Defamation League report that “harassment experienced by adult gamers increased and remains at alarmingly high levels,” and a Roblox player was sued for $1.6M over his alleged targeted harassment and terrorist threats toward employees and other players.
It’s been gratifying to see studios taken to task over the toxic work environments they’ve created and defended. The frustrating part is that these toxic work environments aren’t new information; it’s been common knowledge for decades that game development is incredibly hostile, particularly toward underrepresented groups, but we’re only just now seeing the machine moving to try to do something about it on a grand scale. Don’t get me wrong, I’m all about the progress, just also slightly disheartened that it took this long. The sea of sexual harassment lawsuits across so many different companies, combined with the shift of public sentiment saying that “this is not OK,” is more progress than we’ve ever seen on creating towards creating equitable work environments in the gaming industry.
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Activision-Blizzard
You didn’t think I forgot about the proverbial Tauren in the room, did you? Blizzard has masterfully crafted a new legacy for itself out its singular ability to misstep in the most dramatic yet utterly avoidable ways possible. Blizzard’s meltdown started in late July of 2021 when the California Department of Fair Employment and House (DFEH) sued Activision-Blizzard over documented discrimination and a sexist, toxic work culture, and even after five months of controversy the company still barely acknowledges the depth of its problem. During that span, we’ve seen numerous walkouts, the formation of a proto-union inside Activision, revelations that Activision CEO Bobby Kotick was party to harassment himself and even wrote a disastrous company missive under a staffer’s name, and the departure of Blizzard co-head Jen Oneal, who outed the company for underpaying and tokenizing her.
Despite all of this, the Activision-Blizzard board has closed ranks to protect Bobby Kotick from the scandal despite numerous calls for his resignation, showing that apparently you can threaten to kill your assistant without consequences as long as you have enough money.
The company is currently the subject of multiple investigations and lawsuits relating to its illegal activities, so if you were hoping our story of the year was going away, nope; it’s only just getting started.
RuneScape
This story actually turned out to be one of our Weirdest Stories of 2021: Early on in 2021, I researched and wrote my second column on who the heck actually owns Jagex… and actually I still couldn’t figure it out because of all the wild accusations, lawsuits, and obfuscation going on with this company and all its ownership claimants. My research uncovered everything from shady business practices by Chinese companies to a literal death sentence for one of the entrepreneurs involved. Seriously.
![why does this continue](https://massivelyop.com/wp-content/uploads/2020/08/fortnite-llama-in-shock.png)
Epic v. Apple
2021 was the year that Apple gave Epic a definitive trouncing. Or Epic got a definitive victory against Apple. Your opinion on who won probably depends on your priors and perspective. The reality is that the judge didn’t grant Epic most of what it was asking for in the original suit, but what she did do is issue a permanent injunction stopping Apple from blocking third-party purchase mechanisms, which turned out to matter much more for everyone else. She notably stopped short of saying that Apple was not a monopolist, only that she couldn’t conclude that they were based on Epic’s arguments. Of course, Apple filed an appeal, the result of which are still up in the air. But rest assured, providing additional payment options in an app is not, in fact, trojan malware as Apple claimed.
Gaming in China
China has really started to crack down on gaming. Anxiety in Beijing over things like “tang ping,” a movement through which young adults reject the societal pressures of overwork and instead “lie flat,” has led authorities to implement draconian regulations on gaming among minors in China, in a nation already known for draconian regulations. The 2021 regulation permits minors to play only three hours of video games during the week. Partisan commentary about gaming as “spiritual opium” and further industry freezes have thrown multiple companies, including Tencent and Krafton, into turmoil and crashed more than one game and studio. These tightening regulations should have a lot of publishers wondering about how lucrative the Chinese market actually is.
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These are just some of the highlights from 2021. As you’ll see from the list below, this really was a big year for legal issues in games. We just didn’t get a whole lot of resolution out of anything. I focused primarily on the US, but there were also some interesting happenings in the UK and Australia, and plenty more in the US on the state level. I have a feeling 2022 is going to be a big year that’s going to change the landscape of gaming. What will happen with Blizzard? Will the Chinese gaming market collapse? Will Camelot Unchained ever actually launch? Will the gawd-awful NFT snake-oil die the ignoble death it deserves? We can only hope.
CD Projekt Red promises ‘vigorous’ defense in Cyberpunk 2077 consumer lawsuits
Chronicles of Elyria clarifies art and comms as players vow their lawsuit will go forward
CIG acquires a perpetual license for Crytek’s CryEngine to further develop Star Citizen
Star Trek Online player is banned following lifetime subscription refund bungle
CD Projekt Red is facing potential fines from Polish consumer protection if patches don’t improve Cyberpunk 2077
Riot Games and Bungie join forces to sue creator of Destiny 2 and Valorant cheat software
Epic Games brings Fortnite complaint against Apple and Google to the UK Competition Appeal Tribunal
CD Projekt Red faces a second class-action lawsuit from investors over Cyberpunk 2077
EU fines Valve, ZeniMax, and other gaming companies almost $10M for antitrust geoblocking
World of Warships was reprimanded by advertising regulators over misleading lockbox promo
RuneScape studio Jagex has been sold for the third time in six years against the backdrop of a… RICO lawsuit?
RuneScape studio Jagex disputes RICO-tinged lawsuit over its convoluted ownership
NCsoft Korea’s office literally turns away employees who have worked too many hours
World of Tanks rolls out Italian heavy tanks as Wargaming’s infringement lawsuit is dismissed in California
With some trading restrictions lifted, GameStop stock is taking off again
Lawful Neutral: The bizarre corporate effort to buy RuneScape studio Jagex
Discrimination class-action lawsuit against Riot proceeds in spite of Riot’s arbitration success
Class action suit accuses Valve of using its ‘dominant’ position in the marketplace to drive up prices
MMO Business Roundup: Improbable’s defense contracting, Amazon Games’ internal support
CD Projekt Red is the victim of a cyber attack compromising its systems and ransoming its data
Former Riot Games staffer accuses CEO Nicolo Laurent of sexual harassment in new lawsuit
MMO Business Roundup: Microsoft’s ZeniMax Vault, Square’s financials, and the Fortnite ‘scapegoat’ lawsuit
Epic Games lobbies for a North Dakota bill that would force Apple and Google to allow alternative payment systems
Chronicles of Elyria is releasing Kingdoms of Elyria as a standalone product for backers
House financial services committee investigates Gamestonk as investors sue Reddit ‘agitator’
Apple attempts to draw Valve into its legal fight with Epic Games via a sales data subpoena
MMO Business Roundup: Stadia’s and Bethsoft’s class-actions, Epic’s lockbox settlement, and CDPR’s DMCA takedowns
Elite Dangerous players discuss the ramifications of in-game ‘slaves’ and ways to change the lore
MMO Business Roundup: Apple’s Steam subpoena, CCP on the cheap, and Valheim’s 4M
Insiders expose Google Stadia’s rushed release, poor hiring practices, and stymied studios
MMO Business Roundup: Comic Con 2021, Apple v. Epic, and Twitch transparency
MMO Business Roundup: Theorycraft, My.Games, the FIFA fixing lawsuit, and Roblox’s latest concert
LEGO Universe emulator Darkflame Universe outlines its next steps to closed beta
Arizona moves forward with legislation that will force Apple and Google to allow alternative payment options
Development of a Warframe-inspired tabletop RPG is halted thanks to toxic fans
Chronicles of Elyria on the purpose and mechanics of Kingdoms of Elyria’s fog of war
Chinese police team up with Tencent to take down a video game cheating ring
Guild Wars 2 updates legal documentation related to third-party program use, DMCA counter-notices, and more
New UK research finds opening lootboxes is ‘structurally and psychologically akin’ to gambling
Chronicles of Elyria, now back up to five devs, examines its development achievements and shortcomings
Apple claims it competes with Nintendo and Microsoft, Epic outlines Apple iMessage’s cross-platform blocking
Activision launches lawsuit against indie game dev over Warzone trademark
EA insists it’s focused on ‘engagement,’ not monetizing FIFA players into gambleboxes
Riot Games’ demand to shut down a fan-run 10 year-old League of Legends build causes a community uproar
The Epic v. Apple trial is already offering a look behind the scenes of Fortnite, the Epic Games Store, and Sony
Blizzard and Fox are headed for a trademark fight over the Diablo name
Epic v Apple: Emails are forever, leaks are inevitable
Sony faces a potential class action lawsuit over restrictions on digital PlayStation games sales
Activision-Blizzard wins a nine year-long patent infringement lawsuit
Epic v Apple: Fortnite at ‘full penetration’ on console, more industry profit details, and text descriptions of trailers
Epic v Apple: Apple’s CEO ‘has a feel’ about App Store profits but no data, closing arguments are made
MMO Business Roundup: Valve’s SteamPal, Rockstar’s record label, and Cyberpunk’s legal battles
Dreamworld actually released an alpha, and it’s exactly as bad as you thought it’d be
Blizzard is already cracking down on Diablo II Resurrected modders and hackers
Is there a long future in Star Wars Galaxies server emulation?
Roblox is being sued by music publishers over song infringement claims
Chronicles of Elyria talks rebuilding trust in backer Q&A as the consumer lawsuit continues
U.S. Department of Justice investigates Overwatch League over salary concerns
Chronicles of Elyria backers sound the alarm on class action waiver in new NDA
Chinese gamers beware: Tencent’s games now tattle on minors using facial recognition
Lawful Neutral: Defining toxicity in the MMO industry
Epic v Apple: Australian antitrust case allowed to resume thanks to an overturned ruling
Australian MP plans to introduce a bill banning lockbox sales to minors
Chronicles of Elyria tweaks NDA, locks down Reddit over death threats, and proposes NFT land trades
Ubisoft faces sexual harassment lawsuit from French game workers union
War Thunder fan accidentally shares classified military documents to make digital tank more realistic
California sues Activision-Blizzard over discrimination and sexist, toxic work culture
Ubisoft’s sexual harassment and racism scandal extended to Skull & Bones studio in Singapore
GDC 2021: Are VR and AR companies liable for gamer content creation?
‘We do not serve Activision Blizzard’: Furious WoW players stage protest against Blizzard
J Allen Brack addresses Blizzard staff over sexism scandal, Activision doubles down on deflection
Pokemon Go reneges on rewards after Russian players achieve company’s goal
Blizzard’s sexism scandal continues, 2500 devs sign letter condemning Acti-Blizz response
Blizzard workers plan walkout over sexism scandal, WoW team addresses playerbase
Massively OP Podcast Episode 332: Does every voice really matter at Blizzard?
The Chronicles of Elyria class-action lawsuit has been split up between two states now
Massively Overthinking: Has Blizzard’s sexism lawsuit changed your gaming plans?
An Activision-Blizzard worker was arrested for bathroom peeping in 2018
Former ArenaNet co-founder Jeff Strain calls for game dev unionization
Tencent reacts to Chinese state media calling online games ‘spiritual opium’ by adding new restrictions
Activision-Blizzard Day 14: Brack and Meschuk exits, fraud lawsuit, proto-union, and Q2 financials
New exposé reveals still more layers of sexual harassment and discrimination at Blizzard
Unsealed court documents outline Google’s consideration to buy ‘some or all’ of Epic
Blizzard workers address the drawbacks of boycotts, gamers lament WoW’s deep decline
Activision-Blizzard shareholder group blasts response to scandal, demands board reshuffle
Congress asks publishers to self-regulate lootboxes via a UK regulation that has nothing to do with lootboxes
Overwatch League loses more sponsors as workers expose Activision-Blizzard’s toxic culture
California DFEH moves to protect Riot workers from retaliation for cooperating in state investigation
Former RuneScape composer sentenced to 22 months in prison for sexual assault
Former developers of 38 Studios are receiving a portion of their final paychecks after a nine year wait
EA’s ‘patent pledge’ openly shares tech patents in an effort to increase game accessibility
California lawsuit now alleges Activision-Blizzard HR literally ‘shredded’ evidence
South Korea plans to abandon its 10-year-old ‘Cinderella law’ gaming curfew for kids
Don’t panic, but yes, Phantasy Star Online 2 added sunset provisions to its TOS
China now limits minors’ gaming time to three hours a week, indicates anti-monopoly policies are forthcoming
Star Citizen backer reports CIG to the UK Advertising Standards Agency over ship concept sales
China’s new kid gaming time regulations are already causing industry trainwrecks
Gamers’ class-action against Chronicles of Elyria studio proceeds, suit against Xsolla deferred
The Epic v. Apple ruling permanently stops Apple from blockading third-party purchasing
Twitch unleashes a lawsuit against two alleged hate raid organizers
MMO Business Roundup: Discord’s funding, Bungie’s lawsuit, and harassment in online gaming
The feds are now investigating Activision-Blizzard as the SEC subpoenas execs including Bobby Kotick
Activision-Blizzard is now being investigated by four state and federal regulators as its top legal VP departs
Fortnite might not be back on Apple’s app store for five years – or longer
Chronicles of Elyria’s subreddit reopens, promising ‘no more censorship from Soulbound Studios’
Activision-Blizzard says it’s settling with the EEOC, committing $18M to victims and charities
Regulators in China and the UK turn their eyes toward streaming, gaming currency
Destiny company Bungie just keeps making other game studios look bad – now it’s axed mandatory arbitration
Union organizers call Activision-Blizzard’s $18M EEOC settlement a ‘slap in the face’
California’s DFEH files an objection to the settlement between Activision-Blizzard and the EEOC
Two government agencies are now squabbling over ethics allegations in Activision-Blizzard cases
The Daily Grind: How do you protect yourself from scammers in MMORPGs?
LEGO Universe emulator Darkflame Universe is going dark – but not before distributing its source code
Not So Massively Roundup: LoL’s chat test, Overwatch Halloween, and Fortnite acknowledges Among Us
Former UK Star Citizen player outlines the steps he took to get a refund from CIG
Malaysia’s mufti calls out lockboxes as gambling, states buying them is not permissible in Islamic religion
Activision-Blizzard requests venue change and pause in DFEH lawsuit, says it’s fired 20 people for misconduct
Lawful Neutral: Managing toxicity in the MMO industry
Activision-Blizzard is denied its request to pause the DFEH lawsuit
Epic asks the court to deny Apple the right to postpone its anti-steering measures
Ubisoft devs continue to report harassment and mismanagement in spite of corporate claims
Activision-Blizzard partly meets some worker demands, dramatically cuts Bobby Kotick’s compensation
MMO Business Roundup: Ubisoft thinks crypto is just swell
Activision-Blizzard labor organizers score win for contractors as the Actiblizz lawsuits continue
Apple was denied its request to postpone third-party payment options
Activision-Blizzard’s Bobby Kotick hit with new accusations, Jen Oneal speaks up, employees walk out
Microsoft’s Phil Spencer advocates for game preservation through emulators
Former Destiny composer urges destruction of illegal music following court order
Activision-Blizzard’s board launched an extraneous ‘workplace responsibility’ committee overnight
Sony Interactive Entertainment is hit with a lawsuit alleging gender discrimination
Roblox sues toxic player for $1.6M over ‘terrorist threats’ and ‘targeted harassment’ of employees and players
One of Activision-Blizzard’s key workers alliance organizers just left the company – and the gaming industry
Treasurers of states invested in Activision-Blizzard join the call for leadership changes
Activision-Blizzard fields new accusations as workers strike, fundraise, and issue union cards
Survival strategy MMO Myth of Empires is delisted on Steam over copyright infringement allegations
Activision-Blizzard execs attempt to ward off incipient workers union
The MOP Up: Trove’s polished paragon paradise
Court denies the California DFEH intervention in the Activision-Blizzard EEOC settlement
Myth of Empires studio seeks to take Studio Wildcard and Snail Games to court over Steam DMCA takedown
Genshin Impact fan creates a limited set of fully functional condoms
CD Projekt Red agrees to a $1.85M settlement to close out Cyberpunk 2077 investor lawsuit
Massively on the Go: How Niantic evades handling stalking and harassment in Pokemon Go and other ARGs
Riot Games will settle sexual discrimination lawsuit for $100M and then some
Massively on the Go: How Pokemon Go support fails MMOARG stalking victims
Massively on the Go: Pokemon Go actually nerfed its own support rather than help players
Massively on the Go: How to fix Pokemon Go’s longstanding player safety failures
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Every other week,
Andy McAdams braves the swarms of buzzwords and esoteric legalese of the genre to bring you Massively OP’s
Lawful Neutral column, an in-depth analysis of the legal and business issues facing MMOs. Have a topic you want to see covered? Shoot him an
email!
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