Virtual Legality

Virtual Legality is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

California Outlaws the 'BUY' Button?!? | A Lawyer's Take (787)

E787 • Oct 1, 2024 • 54 mins

In this episode, Richard Hoeg dives into California's AB 2426, focusing on digital content ownership and its implications for platforms like the PlayStation Network. He examines legal perspectives on digital goods, compelled speech, and transparency laws. Assembly Member Jackie Irwin's press release and task force recommendations are explored, along with a detailed breakdown of the new law's definitions and provisions. Richard discusses potential adaptations by companies, false advertising concerns, and ambiguities within the law. The episode also covers DRM, online check-ins, and listener questions, concluding with opinions on media preservation, the EU's gaming initiatives, and emulator shutdowns.

Key Points

California's new law mandates that digital platforms must clearly disclose to consumers that they are purchasing a revocable license rather than owning the digital content outright.
The law specifically targets the use of terms like "buy" and "purchase," requiring platforms to include a conspicuous notice or obtain an affirmative acknowledgment from consumers about the nature of the digital transaction.
This legislative move aims to enhance consumer transparency and protection in the digital marketplace, though its practical impact on company behaviors and consumer understanding remains to be fully seen.

DISCUSSED IN THIS EPISODE (LINKS)

ARTICLES https://www.gamefile.news/p/california-ab2426-crew-call-of-duty https://www.theverge.com/2024/9/26/24254922/california-digital-purchase-disclosure-law-ab-2426 https://www.ign.com/articles/californias-new-law-will-force-storefronts-to-disclose-that-buyers-dont-actually-own-their-digitally-purchased-media https://kotaku.com/california-ab-2426-digital-games-the-crew-new-law-psn https://www.msn.com/en-us/money/other/california-cracks-down-on-misleading-online-purchases-with-ab-2426

LAWS https://a42.asmdc.org/press-releases/20240925-governor-newsom-signs-ab-2426-law-increases-transparency-surrounding https://www.law.cornell.edu/uscode/text/17/109 https://digitaldemocracy.calmatters.org/bills/ca_202320240ab2426

TOTILO TWEETS https://x.com/stephentotilo/status/1839675181129675168 https://x.com/stephentotilo/status/1841152304457634075

PSN TERMS https://www.playstation.com/en-us/legal/psn-terms-of-service/#content-license-and-restrictions

Speakers

Richard Hoeg

Host • 100%

Chapters

0:00	Introduction to California's AB 2426 and digital content ownership
5:16	Legal perspectives on digital goods and PlayStation Network's terms
9:07	Compelled speech, transparency laws, and public understanding
14:02	Assembly Member Jackie Irwin's press release and task force recommendations
19:02	Detailed breakdown of the new law's definitions and provisions
23:11	How companies might adapt to new licensing requirements and consumer behavior
27:09	The law as false advertising, exemptions, and ambiguities
32:29	Online check-ins, DRM, and the law's effectiveness
34:37	Sponsor: Acknowledgment and community support
35:17	Listener questions and discussion on the law's adoption and impact
47:25	Opinions on the EU's stop killing games initiative and emulator shutdowns
50:35	Media preservation and impact on accessibility
53:00	Closing remarks and engagement reminders

Transcript

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