Gamma Law
gammalaw.bsky.social
Gamma Law
@gammalaw.bsky.social
Six months ago, we wrote that crypto mining has entered a phase of “regulatory clarity without reduced risk.” Revisiting that thesis now. The clarity part got messier. The risk concentration part got sharper.
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How Can Crypto Miners Thrive in the Era of Regulation, AI, and the Energy Transition? - Gamma Law
Are you operating a crypto mining business, or are you underwriting regulatory, contractual, and grid liability you haven't properly priced? That is the real issue facing serious operators today. The…
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October 8, 2026 at 4:30 PM
The USPTO's updated trademark guidance draws an important distinction for Web3 businesses: an NFT is not a good or service.
It's an authentication mechanism.
Trademark applications must identify the underlying product or service rather than simply describing it as an “NFT.”
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How Can Companies Correctly Trademark NFTs and Web Products under Updated TMEP Rules? - Gamma Law
The USPTO imposes exacting identification requirements for Web3, gaming, and virtual media trademarks. Under TMEP § 1401.15(b), applicants cannot identify goods or services simply as "NFTs" or…
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October 8, 2026 at 2:15 PM
AI legal risk begins with model selection, data planning, system architecture, vendor contracts, and governance decisions. By the time a problem appears in production, some of the underlying decisions may be difficult or expensive to change.
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October 7, 2026 at 8:01 PM
AI is personalizing real-money gaming, from tailored game recommendations to dynamic difficulty and player matchmaking.

But when it influences how players experience a game, questions of fairness, transparency, and player manipulation become increasingly important.

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Can AI Make Real-Money Gaming More Engaging, Secure, and Fair? - Gamma Law
AI and machine learning (ML) are transforming the real-money gaming industry, presenting new opportunities while raising the stakes for developers, platforms, and players alike.
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October 7, 2026 at 5:45 PM
A new California law restricts private website pen register claims, but plaintiffs are expected to pivot toward CIPA wiretapping and session recording theories. #PrivacyLitigation
https://buff.ly/gpKvbzp
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October 7, 2026 at 4:03 PM
What we said 18 months ago still holds: crypto casino growth is outpacing US legal clarity. If anything, the state-by-state patchwork has gotten messier since.
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What Jurisdictional Issues Do US Crypto Casinos Face? - Gamma Law
The global cryptocurrency casino market is projected to reach $65.7 billion by 2027, underscoring the increasing prominence of digital assets in the gaming industry. However, the legal landscape…
buff.ly
October 7, 2026 at 2:30 PM
Update to our year-old piece: Juries in CA and NM found Meta and YouTube negligent in social media addiction trials. Lawmakers are citing these verdicts directly in the push to sunset Section 230. No longer just a legislative debate.
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Section 230 Under Siege: How Would Revisions Affect Gaming and Web3 Platforms? - Gamma Law
Enacted in 1996, Section 230 of the Communications Decency Act is widely regarded as a foundational statute for the modern internet. Its central clause — only 26 words long —
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October 6, 2026 at 8:30 PM
What we said six months ago has since played out: minors + unauthorized purchases = highest legal exposure zone for gacha games. A 2026 FTC settlement against a major gacha title confirmed it directly.
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October 6, 2026 at 7:02 PM
Gov. Newsom signed CA SB 690, eliminating private website "pen register" claims under CIPA retroactively to Jan.1, 2025. Now, only the state AG can file suit. This provides clear grounds to seek dismissal for defendants facing website pen register suits. #CIPADefense #CALaw
October 6, 2026 at 3:07 PM
The five objectives for a defensible AI content strategy: preserve human authorship, know your data sources, separate training from output analysis, use contracts realistically, build controls before deployment (not after a dispute).
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October 6, 2026 at 3:04 PM
Calling stablecoin returns "rewards" instead of "interest" won't sway regulators. MiCA and the GENIUS Act look at economic substance, not naming conventions. If it walks and talks like deposit interest, expect scrutiny.
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October 5, 2026 at 10:02 PM
Underrated compliance tool: zero-knowledge proofs. Prove a user meets a location or sanctions requirement without exposing their actual data. This is where privacy tech and regulatory compliance are starting to merge.
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How Do Data Sovereignty Concerns Force Tech Companies to Rethink Legal and Platform Architecture - Gamma Law
Data sovereignty has become a geopolitical fault line. Governments from Washington to Hanoi are asserting control over information flows in ways that directly reshape how tech companies design their…
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October 5, 2026 at 5:08 PM
Update to our 18-month-old article: UIGEA's crypto applicability was "not explicitly defined" back then. FinCEN has since confirmed that virtual currencies DO fall within UIGEA's payment definitions. That gray area has narrowed.
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What Jurisdictional Issues Do US Crypto Casinos Face? - Gamma Law
The global cryptocurrency casino market is projected to reach $65.7 billion by 2027, underscoring the increasing prominence of digital assets in the gaming industry. However, the legal landscape…
buff.ly
October 5, 2026 at 2:15 PM
Still unresolved from our article from a year ago: Web3's lack of a centralized operator complicates Section 230 liability. DAO governance exposure and immutable on-chain content remain open questions as the sunset provision approaches.
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Section 230 Under Siege: How Would Revisions Affect Gaming and Web3 Platforms? - Gamma Law
Enacted in 1996, Section 230 of the Communications Decency Act is widely regarded as a foundational statute for the modern internet. Its central clause — only 26 words long —
buff.ly
October 2, 2026 at 5:03 PM
Still true from six months ago, when we wrote it: the FTC keeps calling out gacha mechanics like streak incentives and manufactured urgency as "dark patterns." Persuasion isn't illegal; exploiting cognitive bias is the risk line, and that line hasn't moved.
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How Does US Consumer Protection Law Apply to Video Game Loot Boxes and Gacha Mechanics? - Gamma Law
State lawmakers and federal regulators are again scrutinizing loot boxes and gacha-style monetization systems. Although no federal or state statute in the United States expressly classifies these…
buff.ly
October 2, 2026 at 2:04 PM
Nuance in the stablecoin yield ban: It targets centralized issuers, not non-custodial DeFi. On-chain yield generation can continue for now, but regulators are already eyeing indirect circumvention through DeFi rails.
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Why Does MiCA and the GENIUS Act Ban Stablecoin Interest - Gamma Law
Stablecoins have grown into one of the most strategically important components of the digital-asset economy. What began as a mechanism to reduce friction and volatility in crypto trading is now…
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October 1, 2026 at 5:30 PM
Web3 project managers: Decentralization doesn't mean you've escaped data sovereignty law. If a node, validator, or wallet identifier touches a restricted jurisdiction, your whole system may be exposed. DAOs should be codifying admin-key access now.
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October 1, 2026 at 2:31 PM
The law doesn't require a universal "data bill of materials" for AI training data. But proportionate governance (know your sources, track licenses, flag risky content) can protect you later.
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Is Your 2026 AI Strategy Founded on The Three Pillars of Due Diligence? - Gamma Law
Generative AI can produce text, images, code, music, and video that appear highly polished. Commercial utility, however, does not itself establish copyright ownership.
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October 1, 2026 at 10:40 AM
Updating our article from 18 months ago: NJ has since restricted crypto deposits/withdrawals for licensed operators, and CA has banned dual-currency sweepstakes (Jan 2026).
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September 30, 2026 at 7:45 PM
AI companies have the toughest time with data sovereignty. Training data IS the jurisdictional exposure. Localized training environments, dataset segregation by nationality, restricted vendor access... this is now core architecture, not a legal footnote.
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September 30, 2026 at 3:15 PM
Still accurate a year after we published this article: UGC, real-time chat, livestreaming, and tournament data all rely on Section 230's liability shield. Reform momentum has only grown since we first flagged this. Think about revisiting your exposure now.
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September 29, 2026 at 8:01 PM
As we reported six months ago, the US still doesn't mandate gacha odds disclosure, but obscuring odds can still be deceptive under the FTC Act. Dynamic "adaptive gacha" odds remain a specific risk flag.
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September 29, 2026 at 2:45 PM
Training legality is not AI output infringement. They are two separate legal questions that get conflated. NYT v. OpenAI raises both: training on Times content AND outputs that allegedly reproduce actual articles. Test for both, not just one.
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September 28, 2026 at 2:30 PM
Crypto banks that bundled "digital dollars with passive yields" into one product are destined for a split, with payments on one side and regulated investment products on the other. Basically reinventing the checking/savings divide, on-chain.
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September 28, 2026 at 2:02 PM
EU's Cyber Resilience Act + NIS2 = cybersecurity is now a board-level liability issue, not just an engineering one. Applies to "any product with digital elements." That includes video games. Developers and studios, take note.
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September 25, 2026 at 2:45 PM