[arg_discuss] TOW: Have you ever consulted a lawyer before you didsomething ARG-related?

Brian Clark bclark at gmdstudios.com
Tue Feb 24 09:13:52 EST 2009


Such a big nebulous question, Adam, but the answer is almost always "yes".
In commercial campaigns, I would replace "consulted" with "sparred with" as
it takes quite a bit of education to get them to understand the unique
situations here (and frequently that battle starts with whether content or
advertising law is the appropriate framework for risk evaluation.) In the ad
agency tradition, the agency is contractually obligated to deliver ZERO
legal risk to their client, so they require the same from their venders --
the uncertain legal framework of ARG-related activities make that a constant
challenge.

On non-agency work, "consulted" is far more appropriate -- there, the test
is more about risk management not risk elimination, so understanding what
kinds of claims could be made against you (and how you would defend against
them in a way that made you a less attractive target) becomes the key.

Did the person who posed that question have anything more specific in mind?

-----Original Message-----
From: arg_discuss-bounces at igda.org [mailto:arg_discuss-bounces at igda.org] On
Behalf Of Adam Martin
Sent: Monday, February 23, 2009 11:35 AM
To: Discussion list of the IGDA ARG SIG
Subject: [arg_discuss] TOW: Have you ever consulted a lawyer before you
didsomething ARG-related?

(Topic of the Week - some open-ended interesting question. Suggestions
on a postcard (or just email me) welcome for future topics...)

Adam
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