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tepples
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Post by tepples »

HJRodrigo wrote:the IP of another company without first obtaining permission. This includes gameplay elements.
Characters and music I understand. But to what extent are gameplay elements covered by copyright? This form letter from the United States Copyright Office appears to say not much:
Copyright does not protect the idea for a game, its name or title, or the method or methods for playing it. Nor does copyright protect any idea, system, method, device, or trademark material involved in developing, merchandising, or playing a game. Once a game has been made public, nothing in the copyright law prevents others from developing another game based on similar principles. Copyright protects only the particular manner of an author’s expression in literary, artistic, or musical form.
"Methods for playing it" appears to refer to gameplay elements. And Capcom v. Data East shows that characters aren't covered to the extent that they follow from stereotypes.
HJRodrigo
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Post by HJRodrigo »

Beats me. That is why it is such a sticky issue.

BTW, it is not just copyrights that are the problem... Violations of trademarks and patents are other tools used to sue and win. The US patent office is so painfully broken that people have managed to win money for even the most ridiculous of claims. I imagine that this problem does not exist in most countries.

Some companies have won their claims, while others have lost. (Sometimes it is even the same company) It seems that it is really subjective and depends on what court is over seeing the case. That is why for most cases the burden of proof to is just too high/complex for a company to find pursuing prosecution a worthwhile endeavor. Scare tactics seem to work very well for the bigger companies, so those big companies rarely even need to consider how to prove their case in court.

If some dumb government entity incorrectly registered a game mechanic or idea, then it would be the developers responsibility to prove that it is invalid.
Last edited by HJRodrigo on Tue Nov 15, 2011 5:55 pm, edited 1 time in total.
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Dwedit
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Post by Dwedit »

SPLIT. EVERYTHING.
Here come the fortune cookies! Here come the fortune cookies! They're wearing paper hats!
tepples
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Post by tepples »

I agree but I'm not even sure where I can split it, given all the comments that address both the "what is pirate?" issue and the project at hand.
HJRodrigo
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Post by HJRodrigo »

Agreed. The threads would flow strangely if split.
tepples
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Post by tepples »

Then perhaps I can leave this thread with a link to a related site that happens to use Kev's avatar for its favicon.
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