Pay to Play: Video Game Monetization Patents and the Doctrine of Moral Utility
![handle is hein.journals/gtltr5 and id is 72 raw text is: GEORGETOWN LAW TECHNOLOGY REVIEW
PAY TO PLAY: VIDEO GAME MONETIZATION
PATENTS AND THE DOCTRINE OF MORAL
UTILITY
Kirk A. Sigmon*
CITE AS: 5 GEO. L. TECH. REV. 72 (2021)
TABLE OF CONTENTS
I. INTRODUCTION .............................................. 72
II. THE GROWING COST OF VIDEO GAMES ................... ....... 74
III. CONTROVERSIAL VIDEO GAME PATENTS ON DLC AND
MICROTRANSACTIONS ...................................... ....... 81
IV. THE CONTROVERSY BEHIND THE PSYCHOLOGY OF DLC AND
MICROTRANSACTIONS ...................................... ....... 86
V. A BRIEF HISTORY OF PATENTS AND MORAL UTILITY ............. 89
VI. WHY MORAL UTILITY SHOULD NOT BE REVIVED FOR VIDEO GAMES.. 94
VII. CONCLUSION................................................. 98
I. INTRODUCTION
Video games are now more complex and realistic than they ever have
been-but making those games is not cheap. Video game development and
marketing costs are sky high.' To help recoup these costs, game developers
and publishers have begun inventing increasingly clever ways to encourage
users to spend more money on video games-and they are pursuing patents
for those inventions. One recently granted patent seeks to drive in-game
purchases by making multiplayer matches difficult for a player, encouraging
that player to buy an item and, once that item is purchased and used, subtly
rewarding the spending by making multiplayer matches easier.2 Another
recently granted patent targets players more likely to spend money in-game by
presenting them with exclusive spending opportunities, maximizing value
* Shareholder, Banner Witcoff. Thanks to Ross A. Dannenberg, Scott M. Kelly, and Carlos
Goldie for their invaluable input and assistance with this Article.
1 See infra Part II.
2 See U.S. Patent No. 9,789,406 (filed Oct. 17, 2017) [hereinafter Marr].](ViewImageLocal?handle=hein.journals/gtltr5&div=4&collection=&method=preview&ext=.png&size=3)
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Pay to Play: Video Game Monetization Patents and the Doctrine of Moral Utility
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