Producing a computer game is an incredibly complex process requiring the collaboration of many people, all specialists in their craft. However, producing a computer game is just the beginning. Applicable laws apply to many aspects of the game release process, as well as to its operation after the final product is released, and the EULA (End-User License Agreement) is one of these documents.
So what is an EULA? An End User License Agreement (EULA) is a document that describes how the person purchasing the software can use it. Legally speaking, it's a contract between the game developer and the player.
- indicating the publisher of the game and the copyrights associated with it;
- regarding the nature of the license granted, specifying that the player has the right to use the publisher's work, but the copyrights to the game are not transferred;
- describing the extent to which the player can influence the content of the game, e.g. allowing or prohibiting the creation of fan mods, alternative character models, using the editor often included with the game, as well as a number of rules that apply when creating the aforementioned content, both in terms of its publication and possible monetization (it is worth comparing GTA V, Skyrim or Dota 2, for example);
- prohibiting the user from reproducing the software, with the stipulation that the license covers only personal use;
- explaining how the collected data is used.
The examples cited above represent the most basic provisions found in such documents. Of course, EULAs can, and most often do, contain more detailed provisions related to areas typically related to video games. An example of a stipulation that a video game creator might include is limiting or even banning streaming of their game. Nintendo is a company that takes a rather strict approach to streaming its games. While it does allow streaming of gameplay, it stipulates that the online creator must include their own creative input, meaning that simply playing the game is not enough.
The End User License Agreement also describes the privacy policy, where the game developer specifies what data will be collected and how, if at all, it will be used. Most often, the data collected by developers relates to the player's hardware and its performance in running a given game, and is used to develop future software updates. This is a very common practice in computer games, as players are inevitably the best testers of the product, hence the importance of ensuring its strict legal framework.
An issue I believe is worth raising is the right of the developer to amend the EULA. Of course, it would be impractical to enter into amendments to the agreement with every user of our software, so developers often opt to display a message in-game or post such a change on the website related to a specific computer game. Now, you might ask, what happens if we disagree with the changes to the EULA? We can disagree with the changes, but this means we must cease using the software.
To sum up, it is worth entrusting the preparation of the EULA to specialists, but the contract will only be good if it is "tailor-made" by adapting it to the needs of a specific computer game developer.
This alert is for informational purposes only and does not constitute legal advice.
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