Archive | June 2013

Xbox 180: Microsoft no Longer Dream the DRM

The announcement that Microsoft are to drop the controversial Xbox One DRM policies that would restrict the renting, sharing or selling-on of Xbox One games, which I blogged about a few days ago, has been met with joy by many gamers. For those gamers with an interest in the legal issues in videogames the announcement was tinged with a little disappointment. We now won’t have a chance to have lots of interesting interesting legal questions discussed in the terms of a popular mass market product.

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The Xbox One, DRM and EU Law

Xbox One

As a long-time fan of videogames the announcement of new generation of consoles is always exciting, but this time round the announcements of the PlayStation 4 (PS4) and the Xbox One (XbOne) also had an interesting legal angle.

One of the most controversial elements of the new Xbox One console is its DRM and restrictions on the sharing of games purchased by users. In previous generations games were bought on optical media and once gamers had completed a game they were able to share it with friends or ‘trade-in’ the title at a retail store for cash or credit to purchase a new title. It looks like Microsoft are to restrict that practice with the Xbox One. Read More…

Volume 9 Issue 1 of the Competition Law Review on Media Markets

Competition Law Review

The latest issue of the Competition Law Review has just been published. This issue centres on the theme of Media Markets and has an excellent collection of papers and an Editorial by Andrew Scott of the LSE.

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Alcohol Pricing, EU Law and the Court of Session

This post may not be competition law sensu stricto, but it does highlight interaction between wider state regulation and the market place. It also highlights the interrelation between the EU free movement provisions, in Arts 34-36 TFEU, and competition law. Where the activities of the State, acting as the State, impact on the market the free movement provision apply. Where the market is effected by non-state actors the competition law rules apply.

This post 1st appeared on the excellent EUtopia Law blog on 31 May 2013.

There has been debate about the legality of minimum per-unit (MPU) alcohol pricing in the UK, since the SNP-led Scottish Government first suggested adopting such a measure back in 2009. I contributed to the debate on several previous occasions, but now there is a little more substance to be discussed after the Outer House of the Court of Session, on 3 May 2013, handed down its judgment in The Scotch Whisky Association and Ors, Re Judicial Review of the Alcohol (Minimum Pricing)(Scotland) Act 2012 [2013] CSOH 70. The judgment answers some of the questions posed, but, sadly, it leaves yet more unanswered. I doubt this will be the last that we see of minimum alcohol pricing before the courts.

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