I could use a little legal advice
by Ash · in General Discussion · 08/20/2007 (12:43 pm) · 4 replies
Here's the deal.
I'm a big fan of Hexic and other similar puzzle games, but I'm very, very colourblind. The symbols option goes some way toward helping, but certain special pieces don't have symbols so I still can't match them accurately. With the release of Hexic 2 things have gotten worse, since now not only are the symbols even harder to differentiate, but the board is much, much smaller! This seemed like a massive step backward for me. What I'd really like to do is code up a hexic lookalike that could be tailored to the visual needs of the user, so that people like me can arrange the colours to suit their own particular brand of colourblindness and thus circumvent the problem. However I don't know where I'd stand with the legal aspects of the game.
I've heard it said a lot of times that a game's rules cannot be copyrighted. I believe they can be patented, but I've also heard that patent protection doesn't cover a lot of things very effectively. Also there are a huge variety of games out there already that imitate various puzzle games very closely indeed. Just look at all the Tetris clones for a start off. I don't intend to make any money from this game, but I also know that that isn't any protection against being sued whatsoever and I really, really don't want to get sued, especially by Microsoft.
How do I stand on this, legally? Could an expert on the subject please give me some solid advice?
Ash
I'm a big fan of Hexic and other similar puzzle games, but I'm very, very colourblind. The symbols option goes some way toward helping, but certain special pieces don't have symbols so I still can't match them accurately. With the release of Hexic 2 things have gotten worse, since now not only are the symbols even harder to differentiate, but the board is much, much smaller! This seemed like a massive step backward for me. What I'd really like to do is code up a hexic lookalike that could be tailored to the visual needs of the user, so that people like me can arrange the colours to suit their own particular brand of colourblindness and thus circumvent the problem. However I don't know where I'd stand with the legal aspects of the game.
I've heard it said a lot of times that a game's rules cannot be copyrighted. I believe they can be patented, but I've also heard that patent protection doesn't cover a lot of things very effectively. Also there are a huge variety of games out there already that imitate various puzzle games very closely indeed. Just look at all the Tetris clones for a start off. I don't intend to make any money from this game, but I also know that that isn't any protection against being sued whatsoever and I really, really don't want to get sued, especially by Microsoft.
How do I stand on this, legally? Could an expert on the subject please give me some solid advice?
Ash
#2
Ash
08/21/2007 (9:37 am)
Thanks for the reply, but really I'm no better off now than previously. I've seen all these arguments before, and nobody ever seems to support them with citations. It's true what they say, the law IS an ass. :(Ash
#3
They won't sue you unless you infringe on their business. Lawsuits cost money, they're not going to spend the money unless they can get something from you, or if they feel you're keeping them from making money. Hexic IS for the 360 right?? so unless you release it there, for free.....i REALLY doubt they'll do anything.
Nothing is stopping you from making it for yourself and people you know. You really won't have to even CONSIDER the idea of a lawsuit unless it gets mildly popular, and that's by commercial standards..... meaning that unless you get a community of around a million users....or have a huge ad campaign so that everyone at least KNOWS of your game's existence.... I doubt anyone will even notice that you've made your game.
08/29/2007 (7:26 pm)
I am no expert on this, but here's MY half a cent's worth:They won't sue you unless you infringe on their business. Lawsuits cost money, they're not going to spend the money unless they can get something from you, or if they feel you're keeping them from making money. Hexic IS for the 360 right?? so unless you release it there, for free.....i REALLY doubt they'll do anything.
Nothing is stopping you from making it for yourself and people you know. You really won't have to even CONSIDER the idea of a lawsuit unless it gets mildly popular, and that's by commercial standards..... meaning that unless you get a community of around a million users....or have a huge ad campaign so that everyone at least KNOWS of your game's existence.... I doubt anyone will even notice that you've made your game.
#4
If you clone it then just change the color's etc then it's bad.
Games are a work of art and it's only human to gain inspiration. As long as you pay respect to
others IP it will all work out.
It would be like SOE vs EA games over the "titan" in BF2142. Which is of course the early pre beta
"Jumpship" that smokejumper and others at Sony (at the time) had in concept. EA just borrowed it :)
as an example...
09/05/2007 (1:01 am)
If you use it for inspiration and put your own stamp on the product they can't touch you.If you clone it then just change the color's etc then it's bad.
Games are a work of art and it's only human to gain inspiration. As long as you pay respect to
others IP it will all work out.
It would be like SOE vs EA games over the "titan" in BF2142. Which is of course the early pre beta
"Jumpship" that smokejumper and others at Sony (at the time) had in concept. EA just borrowed it :)
as an example...
Torque Owner David .NfoCipher. Bunt