• At Kemp Little, we are known for our ability to serve the very particular needs of a large but diverse technology client base. Our hands-on industry know-how makes us a good fit with many of the world's biggest technology and digital media businesses, yet means we are equally relevant to companies with a technology bias, in sectors such as professional services, financial services, retail, travel and healthcare.
  • Kemp Little specialises in the technology and digital media sectors and provides a range of legal services that are crucial to fast-moving, innovative businesses.Our blend of sector awareness, technical excellence and responsiveness, means we are regularly ranked as a leading firm by directories such as Legal 500, Chambers and PLC Which Lawyer. Our practice areas cover a wide range of legal issues and advice.
  • Our Commercial Technology team has established itself as one of the strongest in the UK. We are ranked in Legal 500, Chambers & Partners and PLC Which Lawyer, with four of our partners recommended.
  • Our team provides practical and commercial advice founded on years of experience and technical know-how to technology and digital media companies that need to be alert to the rules and regulations of competition law.
  • Our Corporate Practice has a reputation for delivering sound legal advice, backed up with extensive industry experience and credentials, to get the best results from technology and digital media transactions.
  • In the fast-changing world of employment law our clients need practical, commercial and cost-effective advice. They get this from our team of employment law professionals.
  • Our team of leading IP advisors deliver cost-effective, strategic and commercial advice to ensure that your IP assets are protected and leveraged to add real value to your business.
  • Our litigation practice advises on all aspects of dispute resolution, with a particular focus on ownership, exploitation and infringement of intellectual property rights and commercial disputes in the technology sector.
  • We have an industry-leading reputation for our outsourcing expertise. Our professionals deliver credible legal advice to providers and acquirers of IT and business process outsourcing (BPO) services.
  • We work alongside companies, many with disruptive technologies, that seek funding, as well as with the venture capital firms, institutional investors and corporate ventures that want to invest in exciting business opportunities.
  • Our regulatory specialists work alongside Kemp Little’s corporate and commercial professionals to help meet their compliance obligations.
  • With a service that is commercial and responsive to our clients’ needs, you will find our tax advice easy to understand, cost-effective and geared towards maximising your tax benefits.
  • At Kemp Little, we advise clients in diverse sectors where technology is fundamental to the ongoing success of their businesses.They include companies that provide technology as a service and businesses where the use of technology is key to their business model, enabling them to bring their product or service to market.
  • We bring our commercial understanding of digital business models, our legal expertise and our reputation for delivering high quality, cost-effective services to this dynamic sector.
  • Acting for market leaders and market changers within the media industry, we combine in-depth knowledge of the structural technology that underpins content delivery and the impact of digitisation on the rights of producers and consumers.
  • We understand the risks facing this sector and work with our clients to conquer those challenges. Testimony to our success is the continued growth in our team of professionals and the clients we serve.
  • We advise at the forefront of the technological intersection between life sciences and healthcare. We advise leading technology and data analytics providers, healthcare institutions as well as manufacturers of medical devices, pharmaceuticals and biotechnological products.
  • For clients operating in the online sector, our teams are structured to meet their commercial, financing, M&A, competition and regulatory, employment and intellectual property legal needs.
  • Our focus on technology makes us especially well positioned to give advice on the legal aspects of digital marketing. We advise on high-profile, multi-channel, cross-border cases and on highly complex campaigns.
  • The mobile and telecoms sector is fast changing and hugely dependent on technology advances. We help mobile and wireless and fixed telecoms clients to tackle the legal challenges that this evolving sector presents.
  • Whether ERP, Linux or Windows; software or infrastructure as a service in the cloud, in a virtualised environment, or as a mobile or service-oriented architecture, we have the experience to resolve legal issues across the spectrum of commercial computer platforms.
  • Our clients trust us to apply our solutions and know-how to help them make the best use of technology in structuring deals, mitigating key risks to their businesses and in achieving their commercial objectives.
  • We have extensive experience of advising customers and suppliers in the retail sector on technology development, licensing and supply projects, and in advising on all aspects of procurement and online operations.
  • Our legal professionals work alongside social media providers and users in relation to the commercial, privacy, data, advertising, intellectual property, employment and corporate issues that arise in this dynamic sector.
  • Our years of working alongside diverse software clients have given us an in-depth understanding of the dynamics of the software marketplace, market practice and alternative negotiating strategies.
  • Working with direct providers of travel services, including aggregators, facilitators and suppliers of transport and technology, our team has developed a unique specialist knowledge of the sector
  • Your life as an entrepreneur is full of daily challenges as you seek to grow your business. One of the key strengths of our firm is that we understand these challenges.
  • Kemp Little is trusted by some of the world’s leading luxury brands and some of the most innovative e-commerce retailers changing the face of the industry.
  • HR Bytes is an exclusive, comprehensive, online service that will provide you with a wide range of practical, insightful and current employment law information. HR Bytes members get priority booking for events, key insight and a range of employment materials for free.
  • FlightDeck is our portal designed especially with start-up and emerging technology businesses in mind to help you get your business up and running in the right way. We provide a free pack of all the things no-one tells you and things they don’t give away to get you started.
News and Events

Cloud gaming comes to the UK

  • Posted

Upon logging into the Playstation Store over the weekend, I noticed that the open beta for Playstation Now was available. If you have not already come across Playstation Now, it is one of the two major cloud game streaming services available at the moment - the other being NVIDIA GRID Playstation Now is currently limited to renting individual PS3 games, but Sony promises that the catalogue will be expanded in the future. Playstation Now will not even be limited to PS4s - the Japanese giant is planning to roll it out to their Bravia TVs and even other manufacturers’ products. NVIDIA’s offering, GRID, is a similar service for streaming PC games and recently came out of beta last month with the launch of its paid-for premium service.  GRID  streams PC games to NVIDIA’s SHIELD tablet, handheld, or console, all of which run the Android OS.  You can connect any of the devices to a TV by HDMI for the experience on the big screen.

How it works

Although the technology behind GRID or Playstation Now seems pretty incredible, the practical effect of the service is simple enough. Impressively, all the graphical and processing power is provided by supercomputers in the cloud somewhere and the games are streamed entirely over the network with no download or install required. The model appears to be that you either rent individual titles for a given number of days or pay a monthly subscription to receive access to the full collection of games - a bit like Netflix for games. The latter and more attractive option is not yet available on Playstation Now, but will be introduced in the future. GRID was entirely free in beta, but is introducing a paid system now.

I thought all of this sounded pretty cool, although the selection of games on Playstation Now was rather low and the pricing rather high. Despite my tight-fisted nature, in the interests of science and this blog I duly paid £2.99 for a 2-day rental of God of War II HD.  This proved to be a mistake. I quickly came to regret my choice of game and was left wishing I had gone for one of the £4.99 options - I am not a huge fan of hack ‘n’ slash and as it turned out to have originally been a PS2 game released in 2007, it has dated quite a bit!

My unfortunate choice of game notwithstanding, the actual technology performed flawlessly. I carried out a connection test, paid the £2.99 on my credit card and the game booted in under a minute. I played for around 15 minutes until I got fed up, and while the graphics were only 720p and the sound only stereo, I did not experience any lag whatsoever. I was playing on a BT Infinity 2 connection over WiFi, which exceeded the minimum connection requirements of 5Mbps, but I was still expecting some latency. I had deliberately picked God of War 2 as it looked like any input delay would show up, but I did not notice any. In contrast with my extremely laggy experiences with PS4’s Remote Play, I was left quite impressed by this technology. As I do not own a SHIELD, I have been unable to test the GRID, but our own Peter Dalton owns one and informs me that it works similarly well, although it requires a fast internet connection and a 5GHz router (the routers given away by most broadband companies are 2.4GHz, so this would be a separate purchase).

I had been expecting that bandwidth issues would be the biggest problem with this new technology - I can remember all too well the experience of lagging out in a Counterstrike match on a dial-up modem. While my experience was good, I imagine that latency is going to become an issue once 1080p is introduced or the connection is stressed. Fast-twitch games may prove a frustrating experience if other members of the household are on Skype, Bittorrent, and Netflix at the same time. ISP monthly data caps are also going to be a limiting factor for many. Server-side CPU and graphics processing-related lag could also become an issue if current-gen games are introduced and the service becomes popular in the future. 

Legal issues

If this technology does take off, what are the legal issues that it raises? For a start, pirating streaming-only games would become extremely difficult, although not impossible. It may still be possible to spoof IDs in the manner certain gamers do with MMORPGs and similar, but it will be a further step-change in difficulty to pirate games, following the general trend over the past decade. The opportunity to eradicate copyright infringement could be a strong motivator for games developers and publishers to sign up the streaming model, but if it is part of a Netflix or Spotify-style service, then publishers would have to determine whether the potential reduction in piracy would offset the lack of people paying £50 per copy of the game. Indie games studios are also more likely to benefit - Call of Duty’s developers have no problems in getting punters to pay full retail for each release, but unknown games are going to get more people trying them out if the risk of buying something you don’t like is removed. Larger publishers are also going to benefit from being able to monetise old intellectual property rights as part of a streaming service, as with the current PS3 back catalogue. 

Some gamers, especially hardcore gamers, might dislike the prospect of having to always be connected to the Internet, even for a single-player experience.  There was a similar controversy over the always-on DRM in Diablo III or Starcraft 2, for example, but as streaming games offers a benefit at the same time it may be more acceptable to the gaming community. See our full article on piracy for more discussion of these issues.

The other major legal issue is that providing games as a streaming service is really providing software-as-a-service (“SaaS”) rather than a sale of goods.  Consumer remedies for a breach of the Supply of Goods and Services Act 1982 are rather more limited than for a breach of the Sale of Goods Act 1979. In the UK at least, this problem should be largely resolved once the Consumer Rights Act 2015 comes into force this October and all forms of supplying games are reclassified as “digital content”, but streaming games will still raise untested questions of consumer law. Instead of the problems of buying and being unable to return a broken game like Arkham Knight, new disputes will arise. 

What happens if Sony withdraws (perhaps for good) your favourite game from its streaming service when you are just a few hours off completing it, particularly if longer subscription periods are introduced. A lot of gamers were upset when Nintendo withdrew multiplayer support for Mario Kart Wii and gamers have already been increasingly exposing themselves to the risk that a publisher stops offering a game on its online store. A streaming service is going to make this potential dispute even more acute.  At least with my boxed copy of Baldur’s Gate, no-one can stop me from ever installing and firing it up if I so desire (and find a spare 200 hours from somewhere). Disputes around what constitutes the required quality of service could also arise, especially once the service moves to current gen games. You might think that if you are paying £19.99 for a monthly service the potential fallout is going to be limited. After all, if you don’t like the service you could simply stop paying for it, right? That might be true, but what if the Witcher IV is streaming-only, or even if there were a retail release as well, what if you were 90 hours into your saved game and Sony started offering a reduced and laggier service.

Final thoughts

Despite these potential problems, overall this could be really disruptive gaming technology - it may even become the normal way to play games in a few years. Just as an electronic catalogue on Steam and consoles’ online stores have largely replaced having a shelf full of games, at some point it may become normal not to stream games and not even have to worry about buying the latest hardware or downloading, installing (and, inevitably, patching) games. Games retailers may be worried that they may fall victim to this, just as Blockbuster did to streaming videos.

It could also change how we consume games as users - my experience of a service like Netflix is that you end up watching some or all of films you would not otherwise have bothered with. It would likely be the same with games. But just as film buffs would want the full HD and surround sound experience from a Blu-Ray, a hardcore gamer is unlikely to want to stream the biggest releases of the year without some serious improvements in technology. I can see that the service would be especially appealing to casual gamers or lapsed hardcore gamers, at least initially. I probably fall into the latter camp - for my part, I do not have the time or money to keep up with upgrading a PC nowadays, but I would be interested in playing a few now and then if NVIDIA are going to provide the latest graphics cards in their cloud systems. The service is likely to be less popular with hardcore gamers, at least with release titles if not back catalogue offerings, who are likely generally to prefer having their gaming software as goods rather than as a service.

Perhaps most disruptive will be Sony’s introduction of direct play on a TV with a DualShock and no console required. If you can play games directly on your TV in the future without needing to buy the latest console or graphics card for your PC, that technology will be truly disruptive. I can certainly see it becoming a difficult sell for my long-suffering fiancée if suddenly there is, strictly speaking, no reason to have a £349 lump of black plastic in the living room. I will have to make sure she doesn’t start reading this blog!