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Hello,

A few months ago myself and a few others began planning and programming parts of a game that we hope, eventually, to release as an online game.

I am currently researching copyright law and other things of that nature to do with how much distance we have to put between our game and others, sinc our creative process is unavoidably influenced by games we have played and enjoyed in the past.

My question is : What exactly counts as breaking copyright law when producing a game?

Is it as simple as being the same genre and type? Do we have to produce something totally new and unique? - I think not.
Is having a game mechanic.. say.. player-owned space stations enough to count?


As you can probably tell. My research in this area isn't great at the moment.. so.. back to looking into it.

Thank you for your time,

Lee Bamber once told me that you can put any game into one of three types, so Genre is obviously not enough to make a game unique and "uncopiable"

I went to see an IP lawyer a couple of years ago. Generally, as software is extremely difficult to protect, you would work on generating a brand and IP (Intellectual Property). This might include characters (e.g Mario, Spyro, Darth Vader) that everybody associates with a game. You might also develop a story and unique non-player entities (e.g AT-ATs in Star Wars and Hogwarts in Harry Potter)

What you protect is your brand which is in turn recognised as the original and de-facto way to play the game.

I'm no expert, there will be many more ways to achieve your unique position. This is just what I picked up from my meeting as the bare bones of the issue.

I ask because I was recently talked to by a developer of a currently running MMORPG who threatened me with legal action when they read a short description of the game I am developing.

Which was:

"<Game's Name> is a 2D MMORPG currently under development. <Game Name> will have an indepth universe for the players to inhabit, with galaxies and solar-system ownership, space station building, and a rich, complex and detailed story. Check back periodically for updates!"

This could be used to describe their game on a basic level, but so could it be used to describe, for example, EVE-Online - Or several other games.

Asking here because I'm rather lacking in knowledge in the legal side of game production. I intended for it to be something I'd figure out after we actually know what we're making fully, and maybe have the Alpha Client mostly written. Our choice of game, genre, etc. has been rather variable.

Thanks,

That is basically the definition of a space-based MMORPG. So unless they have somehow managed to copyright that entire genre then I find it very unlikely you are at all at risk of being sued.

I am no expect, but I've worked in an environment where software patents were a common place, so I have some idea about this. However, don't consider any of my words as fact, cos I aint no lawyer!

My first thoughts are there is no way that guy can sue you for copyright infringement. You're not copying anything of his. Copyright can be held for artistic works, such as images, music, or a written story. You cannot copyright the idea of a 2D space station game where you do x,y,z. I can happily rip off any game, so long as I don't steal any media, infringe any name trademarks (ie run too closely to its branding) or storylines etc.

As far as coding goes, you can patent software. If you develop something that is truly novel, and has never been done before (e.g. make a user interface interacts with a live cyborg monkey using a specific version of the TCP-IP cross monkey protocol) you can patent that. This then forbids anyone else from doing the same thing in software. However, if they can achieve the same results using another method, they're welcome to do that.

Again, I am no expect, but this is my understanding. So long as your media is unique, and the game in it's entirety can't be mistaken for the other game, you're all good. For example, I can make a cartoon about a mouse, but I could probably be sued if I called it Micky Mouse and drew it exactly like Mickey Mouse. That may mislead consumers and therefore is grounds for copyright infringement. However, if it looks a bit like Mickey Mouse, but not too much, and is called Bob Mouse, you're all good.

As long as you don't copy anything, you aren't subject to copyright claims.

Don't worry about patents, as you probably aren't doing anything new that is patented. If you are actually duplicating something 'new and inventive' (code-wise, not story-wise), then as long as you aren't in the states, you don't need to worry.

Do worry about trademarks - if you create a Mario look-alike, then you may have trademark issues. That can happen even if there is no registered trademark (unregistered trademarks and common-law trademarks).

One other thing to think about, despite all of that, is overly litigious companies sending you legal letters on the off-chance that you may back down, and if you don't, relying on the fact that they've got deeper pockets than you. IIRC, Drew Cameron was on the sharp end of something like this, receiving threatening letters from Disney about his game Dumbo and Cool.

[edit]
Oops, forgot the usual disclaimers:
I am not a lawyer.
Your mileage may vary.
Look both ways before crossing.
Warning: May contain nuts.

"Warning: May contain nuts." LOL I laughed at this.

I lost my nuts