Written question asked by Lord Mancroft (Conservative) on Monday, 8 September 2014, in the House of Lords. It was due for an answer on Monday, 22 September 2014. It was answered by Lord Newby (Liberal Democrat) on Monday, 22 September 2014 on behalf of the Department for Culture, Media and Sport.

Gambling: Internet

Question: To ask Her Majesty’s Government why intellectual property relating to gambling software, often owned by separate companies which in turn license that software, rather than by the direct software developers or gambling operators, remains a determinant of a gambling licence requirement.

Answer: Intellectual property relating to gambling software is only one of the factors that is relevant to understanding where control of the product sits. There are also other factors that are relevant when considering who needs a gambling software licence for example who is responsible for the design and functionality of the software and what the contract says in terms of responsibilities and liabilities. One relevant activity caught by Section 41 of the Gambling Act 2005 is adaptation, and so the person who actually undertakes that adaptation will need to be licensed.

Secondary information