Research and development in private law

Research and development in private law

A comparative study of the nature of video games in the American legal system: an expressive medium or commercial product?

Document Type : Original Article

Authors
1 Assistant Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
2 Graduated with a master's degree in private law from the University of Tehran, Tehran, Iran
Abstract
Should video games be considered a commercial product or an expressive medium? The answer to this question has important practical implications: if we consider the video game as a commercial product, the use of someone else's identity mark in it will undoubtedly face an injunction and compensation for damages, but if we consider it an expressive medium, Under the protection of the principle of freedom of speech, the injunction and compensation for the game company is a limitation of the freedom of speech and will not be met with a positive response by the judicial system. In the upcoming article, an attempt has been made to discuss the nature of the video game with the library method and to examine the possibility of choosing one of the two mentioned natures.
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