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"We Can Pick The Game, But We Cannot Change The Rules"1-- Intellectual Property Rights vs. The First Amendment in the Video Game Industry

By Spencer C. Martinez
www.rmkb.com

Video games remain the most prolific purchased entertainment product of the 21st Century, now rivaling or surpassing industry revenue for movies, DVDs, and recorded music in certain world markets. Forbes reports that global revenue from the video game industry will likely surpass $82 Billion by 2017—an exponential increase, and likely a conservative projection now that industry heavy-hitters are finally beginning to unveil their new game consoles.

This market boom, and economic rivalry with more "traditional" entertainment, is hardly a surprising byproduct of the rapid evolution of video games themselves as an entertainment medium. Video games are increasingly realistic, and increasingly cinematic. They tell a story. They employ skillful direction and adept "camerawork." Characters are often brought to life through "motion capture" of real life performers and professional voice talent, including A-listers such as Samuel L. Jackson (Grand Theft Auto), Liam Neeson (Fallout 3), and Bill Murray (Call of Duty: Modern Warfare), to name but a few.

In this growing and perpetually evolving enter...

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