This week on IPWatchdog Unleashed, our host and the founder of IPWatchdog, Gene Quinn, speaks with Bijou Mgbojikwe, who is Senior Policy Counsel at the Entertainment Software Association. They discuss how artificial intelligence is reshaping the video game industry and creating new challenges at the intersection of copyright, the First Amendment, right of publicity, content moderation, and consumer protection. The conversation examines why policymakers must distinguish between harmful deepfakes and digital replicas used in legitimate creative works.
Mgbojikwe explains how the rapid expansion of state-level AI legislation is producing a costly and increasingly unworkable regulatory patchwork. Broad disclosure, labeling, watermarking, and content-provenance requirements can create disclosure fatigue, disrupt gameplay and immersion, and inadvertently sweep in benign technologies that have been used in video games for decades. The discussion emphasizes the value of risk-based regulation, targeted legislative language, and industry self-regulation—particularly when addressing online safety and protecting children.
The episode also considers the long-term consequences for innovation, smaller game developers, and the national digital economy. Quinn and Mgbojikwe discuss the growing need for federal coordination, the dangers of imposing content-based or product-liability theories on software, and the importance of relying on existing legal doctrines where they already address emerging AI issues. For IP professionals, the conversation offers a practical framework for evaluating AI legislation: support legitimate consumer protections while preserving the creative freedom and technological experimentation that drive the video game industry forward.
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