Cambiar las reglas del (video)juego: mecanismos de control contractual en plataformas de entretenimiento online
This article focuses on the discussion of the legal scope of the rights to exclude and control provided by intellectual property law and mainly contract law to rightholders who make videogames and other entertainment products available online. Based on a recent US case, MDY Industries v. Blizzard En...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universitat Oberta de Catalunya
2012
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4092246 |
| Source: | IDP: revista de Internet, derecho y política = revista d'Internet, dret i política, ISSN 1699-8154, Nº. 14, 2012, pag. 75 |
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| Summary: |
This article focuses on the discussion of the legal scope of the rights to exclude and control provided by intellectual property
law and mainly contract law to rightholders who make videogames and other entertainment products available online.
Based on a recent US case, MDY Industries v. Blizzard Entertainment, the article analyzes the interrelation between the
remedies established for breach of contract and actions for copyright infringement in cases in which rightholders aim at
controlling end users� behavior in online platforms; for instance �as in the referred decision- control through a prohibition
included in a EULA forbidding the use of robot programs in interaction with a videogame. Based on the discussion of the
aforementioned case, the article identifies the main problems arising from the interface between copyright and contract law,
as well as its effects on innovation and competition. A correct understanding of this interface demands an examination of
different factors that are considered in the article: (1) the question of whether rightholders may resort to private autonomy
and freedom of contract, in order to affect the balance of interests established in the Copyright Act by way of a EULA,
other adhesive terms of use, or even a negotiated contract; (2) how consent works in EULA and other agreements in the
software industry; (3) limits to privity of contract principles and the de facto creation of rights in rem; (4) the differences
in the remedies available to rightholders for breaches of EULAs established in the Spanish Copyright Act, on the one hand,
and in the Civil Code, on the other; and (5) the limitations that competition law establishes for some contractual behavior. |
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