EULAs as Unbalanced Contractual Power Between an Organization and its (Unannounced and Underage) Users: A Mobile Game Textual Analysis.

Jeffrey Duncan (Grady Ph.D. Student) and Taylor Voges (Grady Ph.D. Student).  EULAs as Unbalanced Contractual Power Between an Organization and its (Unannounced and Underage) Users: A Mobile Game Textual Analysis. Association for Education in Journalism and Mass Communication. San Francisco, August 6-9, 2020 * This paper won the Top Student Paper Award, Critical and Cultural Studies Division, AEJMC

Abstract: This study explores how End-User License Agreements found in mobile game applications (e.g., Apple) put the player or user at a contractual power disadvantage. Using both legal and ethical frameworks, a thematic textual analysis was conducted of the top five film studio organizations’ mobile game applications: Disney; Warner Brothers; Universal; Sony; and Paramount. Three themes were found: producer domination, producer ownership, and the parental consent loophole. The implications of each theme as related to legal and ethical principles are discussed.