A guide to the fascinating legal history of the videogame industry, written for nonlawyers.
Why did a judge recall FIFA 15, a nonviolent soccer game, from French shelves in 2014? Why was Vodka Drunkenski, a character in Nintendo-Japan’s Punch-Out!, renamed Soda Popinski in the US and then in Western Europe, where the pun made no sense? Why was a Dutch-American company barred by US courts from distributing a clone of Pac-Man?
Julien Mailland answers all these questions and more in The Game That Never Ends: How Lawyers Shape the Videogame Industry (MIT Press, 2024), an inside look at the legal history that undergirds our favorite videogames. Drawing on a series of case studies as vignettes of the human comedy, Mailland sheds light on why and how the role of lawyers is key for understanding the videogame industry. Each chapter in The Game That Never Ends is a mini-puzzle that pieces together how an important legal issue arose, was resolved, and impacted the industry and the experience of gamers in real time. These chapters are interspersed with shorter chapters called “The Lawyer’s Corner,” opportunities to dive deeper into individual cases. Lightly footnoted, these interludes connect the previous chapters together by providing a conceptual meta-analysis. Offering a comprehensive overview of the global legal history of videogames, The Game That Never Ends will leave readers with a nuanced, in-depth, and more global understanding of the videogame industry.
Rudolf Thomas Inderst (*1978) enjoys video games since 1985. He received a master’s degree in political science, American cultural studies as well as contemporary and recent history from Ludwig-Maximilians-University, Munich and holds two PhDs in game studies (LMU & University of Passau). Currently, he's teaching as a professor for game design at the IU International University for Applied Science, has submitted his third dissertation at the University of Vechta, holds the position as lead editor at the online journal Titel kulturmagazin for the game section, hosts the German local radio show Replay Value and is editor of the weekly game research newsletter DiGRA D-A-CH Game Studies Watchlist.
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