Special Disclaimer: This article is an original work by Attorney Shao Shiwei. It represents only the personal views of the author and does not constitute legal consultation or legal advice on specific matters. For article reprints, legal consultations, or business exchanges, please add: sswls66
Introduction:
On October 18, 2023, a live-action simulated romantic interactive game titled “Love Is All Around!” (hereinafter referred to as “Love Is All Around”) was launched on Steam. Since its release as a paid game, its popularity has continued to rise, topping the best-seller chart in the Steam China region and surpassing major free-to-play titles such as PUBG, CS2, and Apex. As of November 2, its positive review rate reached 95.31%. At its peak, the daily active user count was 65,435 players. According to SteamSpy estimates, the game’s sales volume has currently reached 832,000 copies.
According to media reports from Cailianshe and TMTPost, influenced by this game, the cultural media and gaming sectors have recently shown sustained strength, with significant surges in the stock prices of companies such as ChineseOnline, Guangdong Advertising & TV Media, iReader Technology, China Literature & Media, and Bingchuan Network. The stock price of Baina Qiancheng (300291.SZ) accumulated a gain of over 50% in just four days.
The content of “Love Is All Around” involves the male protagonist, Gu Yi (the player), immersively meeting six beauties with different appearances and personalities from a first-person perspective, and embarking on a lighthearted and sweet romantic journey with them. In the game, different dialogue choices at key nodes lead to different endings, with the player experiencing the entire process from a first-person perspective.
According to public information from Qichacha, the copyright holder of this game software is Guangzhou Xiaoyou Content Interactive Entertainment Co., Ltd.
A search on the official website of the National Press and Publication Administration reveals that this game has not obtained a game license number.
It is well known within the industry how difficult it is to obtain a game license number in China. Therefore, going global and listing on Steam seems like a good option for game developers. Why listing games on Steam does not require a license number has been analyzed in my previous article, “Is It Illegal to Publish Games on Steam Without a Game License Number?,” and will not be reiterated here.
Today, let us discuss what domestic game developers should consider if they plan to list their games on Steam.
01
If a Game Is Listed on Steam, Can It Still Apply for a Game License Number in China?
Theoretically, launching a game domestically and internationally is not conflicting. Game developers may choose to list their game on Steam while simultaneously queuing to apply for a license number in China.
However, based on practical experience, after a game goes global, it may objectively be more difficult to simultaneously obtain a license number in China.
The “Self-Discipline Convention on Anti-Addiction in the Online Game Industry,” initiated by the Game Publishing Committee together with more than 200 enterprises, states: “Firmly resist bypassing regulatory mechanisms to provide services to domestic users through overseas game platforms.”
For example, a simulation game titled “Chinese Parents” was released on the Steam platform in 2018. In 2020, the official announcement vaguely stated that the game was removed from the Steam China region due to “game optimization and adjustments,” but this did not affect other regions. Some netizens believed that the game was applying for a license number, hence the lock on the China region. However, three years have passed, and there is still no news of it obtaining a license number in China.
02
What Content Considerations Should Be Taken for Games Listed on Steam?
From the perspective of game developers, one must not assume that content is unrestricted simply because the game is not launched domestically. Games involving political sensitivity, explicit erotic content, or violence and terrorism still carry unavoidable criminal risks.
According to China’s Criminal Law, games with political sensitivity (such as those involving sensitive topics like Taiwan or Tibet) may involve crimes related to endangering national security; games with explicit erotic content may involve crimes related to the production, sale, or dissemination of obscene materials; and violent or terrorist-themed games (such as Russia’s “Blue Whale Challenge”) that result in serious consequences like suicide or death may involve crimes such as intentional homicide or intentional injury.
China’s criminal law principles of territorial jurisdiction, personal jurisdiction, and universal jurisdiction can be summarized as follows: Chinese judicial authorities have jurisdiction over crimes committed by Chinese citizens, or where the act or result of the crime occurs within China.
Therefore, even if game developers fully operate overseas and the game is locked out of the China region on Steam, it is difficult to avoid the criminal risks for relevant personnel.
03
What Promotion and Distribution Considerations Should Be Taken After Listing a Game?
Domestic game launches are subject to license number restrictions, whereas listing on Steam does not require a license number, which is arguably protected by relevant provisions of the “Protocol on the Accession of the People’s Republic of China to the World Trade Organization.” However, from another perspective, this indeed circumvents domestic license number restrictions to provide services to Chinese users.
Therefore, if choosing to publish a game on Steam, it is advisable to keep a low profile in promotion and distribution, and avoid promotional activities within China. Of course, for a game like “Love Is All Around” that has already gone viral, various user-generated content by creators can be seen on platforms like Bilibili. This constitutes spontaneous behavior by netizens and is unrelated to the platform.
