Are game publishers liable for user-generated content in their games?
Game publishers are potentially liable for user-generated content in their games depending on the law in California. Generally, game publishers are responsible for content that they create or supervise, and in some cases, third-party content that they have reason to know about. In California, a game publisher may be liable for user-generated content in their games if the content is found to be obscene or harmful. Specifically, California’s Unlawful Internet Gambling Enforcement Act and Californian Penal Code Section 653.2 make it illegal to use the internet to distribute obscene material that is likely to appeal to minors. Similarly, California’s Consumer Legal Remedies Act also outlaws any unlawful, unfair, or fraudulent business practices. Game publishers may also be liable for user-generated content in their games if third-party content is found to be copyright infringed. Thus, game publishers must ensure that user-generated content is not infringing on the copyright of another individual or entity. Additionally, game publishers are responsible for content in their game that they actually know about and have failed to remove. Thus, game publishers must be proactive in monitoring user-generated content for any potential legal or copyright issues. In conclusion, game publishers are potentially liable for user-generated content in their games depending on the law in California. Game publishers must take responsibility for content that they create or supervise, and must monitor and remove content that may be unlawful, infringing on copyright, or considered obscene or harmful.
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