GAME MONETIZATION EXPERT WITNESS: VIDEO GAMES, GAMING, ONLINE, F2P AND MORE

A game monetization expert witness and video games or gaming testimony consultant’s job differs in scope, scale, context and definition depending on their background, the nature of their work, and the parameters of any given assignment. But generally speaking, it can refer to the work a testifying consulting advisor, the game monetization expert witness, who provides analysis and legal testimony in cases involving the financial models and revenue-generating strategies used in video games. SMEs are typically pros understand aspects of the field such as the technical, psychological, and/or business elements of how games make money… whether through in-app purchases, loot boxes, subscriptions, advertising, or virtual currency systems.

Game monetization expert witnesses are commonly involved in legal disputes related to consumer protection, regulatory compliance, false advertising, unfair or deceptive practices, gambling laws, and intellectual property. For example, if a lawsuit claims that a mobile game uses unfair tactics to exploit users, an SME may be brought in to explain how the system is designed, how it impacts player behavior, and whether it complies with industry standards and legal guidelines.

Various types of game monetization expert witness have backgrounds in game design, behavioral economics, digital marketing, mobile app development, business practices, or interactive media law. SMEs perform tasks including but not limited to analyzing how business mechanics influence gameplay and consumer decisions, including whether features like randomized rewards (e.g., loot boxes) resemble gambling, or whether pay-to-win elements create unfair advantages.

A game monetization expert witness typically performs the following types of tasks:

• Reviews and interprets monetization features within a game.

• Assesses compliance with regulations such as COPPA (Children’s Online Privacy Protection Act), consumer protection laws, or gambling restrictions.

• Analyzes financial data, user behavior, and retention metrics.

• Prepares expert reports, declarations, and visual exhibits.

• Provides deposition or courtroom testimony to explain complex monetization models in clear terms.

SMEs are hired by law firms, government regulators, game studios, or consumer advocacy groups involved in litigation or investigations. Opinions can from game monetization expert witnesses can be useful when assessing damages, evaluating ethical concerns, or determining if payment methods were manipulative or deceptive.

As the gaming industry continues to grow and face increasing legal scrutiny, game monetization expert witnesses help courts and regulatory bodies understand how titles generate revenue—and whether those strategies are in keeping with industry practices.