IPT Italy

FinTech: Who is responsible if AI makes mistakes when suggesting investments?

By Giacomo Lusardi / 11 June 2019 / Artificial Intelligence, Cloud, Commercial, Consumers, Data Protection, Fintech, Internet & E-commerce, Internet of Things, IP, IT & Sourcing, Tech & Sourcing

The recently reported legal action brought for damages due to wrong investments resulting from algorithms-based automated decision-making processes is one of the first known cases of this type. The case has received some attention from the media worldwide and has contributed to reopen the debate on the issue of liability connected to the use of Artificial Intelligence systems (“AI”). The question at issue is, in brief: who is held liable for the damages caused by AI and who shall compensate such damages, if any.

Top 5 takeaways from the Games Industry Law Summit

By Giulio Coraggio / 16 May 2019 / General

Significant insights came out from the discussions on the present and future of video gaming law at the Games Law Industry Summit in Vilnius. My colleague Vincenzo Giuffré and I attended the event and tried to summarize our top 5 takeaways from the summit below: 1. Transparency and players’ protection are a priority in all the major jurisdictions Transparency …

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Video Gaming: new regulations on age rating systems in Italy

By Giacomo Lusardi / 7 May 2019 / #AVMS, eSports, Gaming and Betting, General, Internet & E-commerce, Media & TLC

The Italian Communication Authority (AGCOM) recently adopted a regulation on the age rating of audiovisual works on the internet and videogames (the “Regulation”).The new rating system aims at ensuring the right balance between the protection of minors on the one hand, and the freedom of expression and art on the other hand. The Regulation was drafted in compliance with international standards and best practices, such as the most widespread rating systems, among which the PEGI (Pan European Game Information) that is accepted in most European countries.In this article we focus on the new videogame age rating system.

DLA Piper eSports law booklet

By Vincenzo Giuffrè / 29 April 2019 / Advertising, Consumers, Copyright, eSports, Gaming and Betting, Intellectual Property, Sport

The eSports market has grown at a tremendous pace over the past few years becoming a half billion dollar industry and it is quickly seducing an increasing number of fans, operators and investors. Beside the huge growth, the industry is rapidly evolving, going from content consumed largely through streaming platforms to network-backed streaming services.

The eSports law booklet from the Italian IPT team of DLA Piper covers a number of current and upcoming legal issues of eSports and how to deal with them in order to help companies operating in the market to better understand the issues that are arising and to which the eSports industry in some cases does not still have a good answer.

How to deal with the protection of minors in eSports

By Micaela Jerusalmi / 11 April 2019 / General

How shall the eSports market deal with the protection of minors? What measures shall be adopted to protect investments and avoid risks?The eSports market is rapidly growing and is quickly seducing an increasing number of fans. The growth of interest towards this charming world is also witnessed by the fact that the International Olympic Committee has recently considered to include eSports at the Olympic Games of 2024.A great number of eSports fans – both among players and audience – is made up of minors. Just think about Dominique “SonicFox” McLean, only 16 years old, who won his first prize becoming champion of “Injustice: Gods Among Us” at the Evolution Championship Series (EVO), one of the most renowned competition in eSports.

Video: Blockchain legal predictions for 2019

By Tommaso Ricci / 5 April 2019 / Blockchain, Fintech, General

In this video Elisa Rosati and Tommaso Ricci analyze the Blockchain legal and business challenges for 2019. This year will be crucial for the blockchain since the Distributed Ledger Technology (DLT) is ready to overcome the risks linked to the fluctuation of the cryptocurrencies and to prove its compatibility with the new standards of Data Protection introduced by GDPR finding the right balance between scalability and security.

The concept of eDoping in eSports – cyber security as a safety measure, enforcement and sanctions in case of non-compliance

By Deborah Paracchini / 4 April 2019 / eSports, Gaming and Betting

How to limit the risk of eDoping and avoid potential sanctions and enforcements in eSports? What solutions shall be adopted in terms of cybersecurity?The eSports market has grown at a tremendous pace over the past few years becoming a half billion dollar industry. Competition between players is at the highest levels and marginal gains can make the difference between winning and losing. Cheating is therefore a high temptation for many players.Some of such players are going for “eDoping”. This is not the classic doping to strengthen physical and concentrations potential, but it refers to the fixing of the machines used for the tournaments.

Innovation meet-up – Blockchain e smart-contract oltre gli slogan: una success story nel trade finance

By Giulio Coraggio / 1 April 2019 / General

I recenti sviluppi normativi sulla blockchain creano opportunità che discuteremo nell’ambito dell’Innovation meet-up organizzato da DLA Piper con AlixPartners e we.trade il 12 aprile 2019.

Con la recente approvazione del Decreto Semplificazioni 2019, i concetti di “Tecnologie basate su registri distribuiti” (DLT) e “smart-contract” entrano a pieno titolo nel sistema giuridico italiano.

Un crescente numero di market players – complice l’immancabile “ciclo di hype” – vede in queste tecnologie un significativo passo verso la disintermediazione, l’abolizione di molte procedure ancora cartacee e la velocizzazione di quelle digitali. Il settore del trade finance è tra i primi a cogliere questa opportunità.

Blockchain: the real fuel for eSports

By Tommaso Ricci / 28 March 2019 / Fintech, Gaming and Betting, IT & Sourcing, Sport

The eSports industry has undergone a massive growth in the recent years hitting a record market revenue of almost $1 billion. Blockchain technology could foster even more the huge market growth building trust, adding transparency and introducing new business models. Here is a brief overview of its applications and legal challenges.

eSports and Copyright between choreographies and UGC

By Tommaso Fia / 21 March 2019 / Consumers, Copyright, Gaming and Betting, General, Intellectual Property, IP, Sport

There are a number of copyright issues related to the choreography of an eSports game. In these days the first (and most important) regards the protection of choreographic elements (i.e. a dance) which could appear in videogames. In Europe and in the USA, a choreographic work is protected by copyright. This is why an extended series of dances moves that is original to its creator can be protected by copyright. The above explains the law suits recently filed in the USA at the end of 2018 by several individuals in connection with famous Fortnite videogame.

If you are not familiar with Fortnite, players can buy (or earn) emotes, short avatar animations who can replicate generic acrobatic moves and dances. The Fortnite Loser Dance (so called L Dance) become famous thanks to the French soccer player Griezmann, who used this theme after scoring in the last World Cup 2018 final against Croatia.

Loot boxes and its regulatory implications

By Vincenzo Giuffrè / 14 March 2019 / Advertising, Consumers, Gaming and Betting

Loot box regulation is a hot topic in a variety of regions. The attention over loot boxes began when a number of video games started to incorporate gaming micro-transactions for chance-based items within the game.

Previously, video games were sold as a stand-alone product and the interaction between players and the developers of the game existed only and to the extent players would have bought a sequel or an expansion pack of the video game.

How do you spell e-Stadium?

By Vincenzo Giuffrè / 7 March 2019 / Intellectual Property, Sport

The majority of legal analysis concerning the raise of e-Sports tends to coagulate around the main stakeholders, i.e. the IP owners, the broadcasters, the sponsors and the e-athletes and teams, focusing on the appropriate way to discipline their relationships, possibly against a regulated background capable of dealing with gambling, e-doping and, more generally, with the requirements and rules set by laws, sport authorities and similar bodies.

There is however a missing piece in this picture: the audience, i.e. the increasing crowd interested to see the e-games, possibly attending live events, with the opportunity to meet their idols and see them play live.

eSports between Italian prize promotion and gambling rules

By Giulio Coraggio / 27 February 2019 / General

eSports tournaments can be subject to stringent restrictions under Italian prize promotion and gambling rules if adequate solutions are not adopted.

The eSports market is rapidly growing and the data below show a massive boost from 2012 up to now in 2019 $ 130 million to $ 1,187 million, with a further fast increase in the coming years.