This survey has
been published in:
Pillot J. (2010), « Dématérialisation des contenus et mesures techniques
de protection: les industriels du jeu vidéo jouent-ils le jeu? », Revue Lamy Droit de l' Immatériel,
61(6), 57-63.
Pillot J. (2010), "Dematerialization and Digital Rights Management : Do
the Video Game Industry Actors Play the Game?", Revue Lamy Droit de l' Immatériel, 61(6), 57-63.
Judgments & Legal References : none
Overview :
Numeric convergence and digital « dematerialization » of content lead the
video game industry to change and adaptation. As a main objective of this
process, the preservation of incentives to innovate in this quickly growing
sector seems to necessarily go through the strengthening of intellectual
property protection. However, methods
presently used by games editors, which are very close of those already employed
– in a very controversial way – by the music industry actors, do not appear
neutral from the consumer point of view. Actually, in certain circumstances,
the video game holder could see its right of use (flowing from the property
right he owns) limited by the implementation of such DRM. Midway between the
necessity of a new deal along the supply chain with the essential preservation
of consumer satisfaction and welfare, I argue that an alternative pattern could
be followed in order to promote competition process efficiency.
Main Results :
- A quickly growing industry but subject to radical
changes, especially due to the conjunction of “casual gaming”, huge
increases in production costs and the “numeric convergence” phenomena.
- Distribution side of the industry traditionally
owns the main part of the added value to the detriment of game creators
and editors.
- “Dematerialization” and digital convergence seem
likely to significantly alter the competition process (as well as rent
sharing) in granting the upstream actors of the industry the capacity to
directly serve the market.
- Sound rises in the global consumption of
dematerialized products tends to highlight new consumers habits.
- Meanwhile, players experience some difficulties
in using dematerialized contents, among others, interoperability issues
due to DRM implementation, expected disappearance of the secondhand
market, final product segmentation (through add-on and special features
download) and, worse, potential incapacity to wholly enjoy their
possession.
- Competition
for the rent rather than techno-push competition could ultimately lead to
an economic turndown.
- To avoid such
situation, a sound thought on the legal definition of what is a video game
appears inevitable in order to reintroduce the appropriate incentives into
the industry.
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