Are game developers liable for damages caused by malicious user-generated content?

In Washington, game developers may be liable for damages caused by malicious user-generated content. The Washington Supreme Court has established the legal doctrine of strict liability for game developers in certain situations. The doctrine holds that if a game developer has created a game that, due to its design or function, allows malicious content to be distributed by its users, the game developer may be held liable for any resulting damages. For example, if a game developer creates and releases a game that allows users to create and post extremely offensive or derogatory messages, the developer may be liable for the damages that result from such behavior. Similarly, the developer could be liable for a user’s actions if the user posted a message containing a copyrighted work without permission, or if the user used the game to threaten or harass another person. Ultimately, game developers must exercise some degree of responsibility when it comes to user-created content. This includes setting standards for acceptable content and messaging, as well as remaining vigilant of any potential malicious content. If developers fail to do so, they may find themselves at risk of a lawsuit for damages caused by the malicious user-created content.

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