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Julien Mailland on "The Game That Never Ends: How Lawyers Shape the Videogame Industry"

Sep 15, 2025
Julien Mailland, Associate Professor of Media Management, dives into how legal frameworks have shaped the videogame industry since the 1970s. He discusses pivotal legal cases like Atari Pong and the role of intellectual property and freedom of speech. Mailland also highlights the impact of international law on gaming, including the ban of Wolfenstein 3D in Germany. As he explores the story of Tetris, he reveals the geopolitical intricacies that influenced its success and the legal battles that define today's gaming landscape.
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INSIGHT

Law Shapes Games Behind The Scenes

  • Legal work is a hidden but decisive force shaping the videogame industry across business and technology choices.
  • Lawyers, judges, and regulators influence what games are made, who can make them, and how players use platforms.
ANECDOTE

Atari's Pragmatic Patent Settlement

  • Atari settled with Magnavox by licensing and promising Magnavox would sue competitors, giving Atari scale advantages.
  • Bushnell's deal let Atari avoid ruinous litigation and benefited from Magnavox's muscle to deter rivals.
INSIGHT

Choose Innovation Over Costly Lawsuits

  • Suing isn’t always the optimal strategy for incumbents; market speed and product obsolescence can make litigation futile.
  • Atari chose innovation over lawsuits when clones appeared, using speed to stay ahead of copyists.
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