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Why doesn't the law do justice for the game industry?

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20 comments, last by monalaw 7 years, 5 months ago

Ok so I looked up into it....so this applies to even companies like Nintendo?

Also, why isn't the government doing anything about it?


What (specifically!) would you like them to do about it?

When the companies violate their local labor laws the employees need to complain to the government and inform them of the violation. This *DOES* happen, and I have been among people who have filed claims with the state. I also know people who went to prison for several years for violating both labor laws and tax laws. The tax law was the bigger thing; the state cares moderately for the workers who aren't paid for their time, they care quite a lot when those unpaid hours become unpaid taxes.

When companies violate civil law, people can sue. But those laws are for private parties to sue over, the government doesn't generally do it on their behalf. I personally know people who have taken their employers (and former employers) to court for civil violations and won.

Note that a key element is the workers need to complain to the right sources, either the government's offices for employment law or to the courts for their own violations.

Many employers who play fast-and-loose with the rules get away with it because relatively few people are willing to complain. It seems like only a few hours, or the paycheck is only a few days late, and it is an enormous risk to report it and risk getting fired. Even if the person isn't directly fired, there is always a new round of seasonal layoffs a few months away.

Also, there are many workers who stupidly sign away rights. The companies may have asked their lawyers to be mindful of overtime laws and included a clause that overtime rates are the same as regular hour rates, which the law may allow when they are 'negotiated' as terms of the contract. Very few workers will carefully review their agreements or have them checked by a lawyer,

and most companies will not allow any modifications to the agreements and treat them as a 'take it or leave it' offer.

Incidentally, these are also reasons for the periodic cries for unions and trade guilds for software developers. Unfortunately the enormous numbers of specialties have so far made it extremely difficult for unions and trade guilds to be established primarily because workers aren't interchangeable. One journeyman plumber is roughly interchangeable with another journeyman plumber. Electricians of the same level are basically interchangeable. While their artistry varies, one master stonemason is roughly interchangeable with another master stonemason. But two programmers with similar skill sets are may or may not be easily interchangeable because they are fluent with different languages, different technologies; both may be similarly skilled with CRM tools, but one knows SalesForce and another knows Goldmine, and while they are similar they are different enough that the two are not interchangeable

Combine all the reasons and frequently there is little the government can do. People sign away the rights that they have, people are reluctant to take the cases to the government. The best defense is to learn your rights, educate your peers, and advocate whenever you can.

But when issues finally do get reported, and when the government investigates and discovers there was a violation, the bureaucratic wheels start churning, and tend to crush the businesses into compliance long before courts are involved.

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Ok so how do companies from Japan work out things? Like Nintendo for example?


Japan has arguably the most intense crunch culture ever. The upshot is that it is completely in line with Japanese corporate culture, which is incredibly demanding and intense (in other words no matter the industry you're probably sleeping at the office 1-2 nights a week). Crunch is the norm, not the exception @ Japanese companies.
~Mona Ibrahim
Senior associate @ IELawgroup (we are all about games) Interactive Entertainment Law Group

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