The Games Industry in 2025: A Year of Significant Legal Developments

The year 2025 saw numerous legal issues dominate the headlines of the gaming industry, rivaling the attention given to the games themselves. Notable examples include patent disputes over game mechanics, public disagreements regarding earn-out payments, and significant changes to the mobile ecosystem. These developments are not merely newsworthy; they have the potential to substantially alter how games are created, monetized, and played. This article examines some of these changes and their potential evolution in the coming year. One positive development for mobile developers is the evolution of the mobile ecosystem, driven by new European competition regulations and Epic's lawsuits against Apple and Google. In April 2025, the European Commission fined Apple €500m for non-compliance with the Digital Markets Act's 'anti-steering' provisions, which require developers to be able to inform customers about alternative offers outside app stores without charge. The UK's Competition and Markets Authority declared Apple and Google as having 'strategic market status,' enabling targeted interventions to ensure mobile platforms are open to competition. These developments will have significant implications for developers and players, including the rise of third-party app stores, potential cost savings on in-app purchases due to new platform fee structures, and the growth of web stores facilitating direct-to-consumer transactions. However, these changes also bring increased compliance complexity, with many changes likely to be region-locked, resulting in a fragmented user experience worldwide. The European Union has been focused on the video games sector, with reports and guidelines addressing monetization, consumer protection, and online safety. The Digital Fairness Act, which may curb the way games offer virtual currency, is a potential threat to the free-to-play industry. Questions are also being raised about 'transparent' personalized data usage for monetization. Engagement practices, including those that may contribute to 'digital addiction,' are under scrutiny as well. The impact assessment on digital fairness is expected in Q2 2026, with a proposal for the Digital Fairness Act legislation in Q4 2026. Other countries, such as Brazil, are also updating their video game age rating criteria to account for in-game purchases and 'algorithmic manipulation.' Online safety has been a significant concern, with the roll-out of new legislation globally. The UK's Online Safety Act and the EU's Digital Services Act include measures to protect minors and counter consumer, privacy, and security risks. US State laws are emerging, targeting age assurance measures, with the Kids Online Safety Act potentially putting operators under a duty of care to mitigate harms to minors. Games studios, especially those operating in multiplayer and user-generated content spaces, need to be aware of the changing online safety landscape. Generative AI tools have become increasingly popular in game development, with nearly 90% of developers using them, despite unresolved legal issues. The use of generative AI raises questions about copyright infringement, the protectability of outputs, and user data safety. While developers face the challenge of creating high-quality games faster and cheaper, generative AI is seen as a potential solution, despite its legal risks. Players, particularly on PC and console, remain critical of generative AI, but its adoption has been more accelerated and less resisted in the mobile gaming sector. The legal landscape will continue to evolve in 2026, with the games industry attracting more attention from regulators. To navigate these changes, developers should be prepared to adapt with different partners, ensure their voices are heard by legislators and regulators, and consider the court of public opinion in their decision-making processes.