Legality Of A Game {Pre Sale}

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Originally Posted by Pixelthief

Honestly, I wish this worked, for the furtherance of game design itself, but it doesn't :( Even if you created the most innovative and well designed game of all time, if your main character's name was "Mario", an italian plumber, Nintendo would still sue the gourds off of you.

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It really depends on HOW you would present the Mario italian plumber. If there are similarities with name, context *and* design then you're giving ammo for the trouble. Usually big companies have lawyers to judge if something could possibly taken to a court or not.

Yeah but, if it's not illegal in the country it's hosted in, then even if it's illegal in the US, not much can be done... or can it?

It would be according where the game in question originated from.

Marv

Look and feel is protected. MS successfully defended look and feel on number of programs. You can make a game LIKE another game, just do not copy every aspect, you have to add or subtract enough to look to people that it isn't a clone.

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Originally Posted by Namida

Yeah but, if it's not illegal in the country it's hosted in, then even if it's illegal in the US, not much can be done... or can it?

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I'm from the US, so let me say that we are the world police and copyright enforcers plainly ignore territory concerns and jurisdiction. Even if you host your Mario game in Sealand, some American firm will send you a C&D or attempt to sue your pants off even if its entirely fruitless. See TPB for an example.


Oh and theres a huge disconnect between "What the international law really is" and "How it will be enforced regardless", in which things you do which are expressly legal in your country might lead to you getting your office raided anyway.

What Pixelthief said is true. Raids yes, results little. Someone always did a tipoff. As I said before, I got tired of chasing ghosts.

Everyone is fair game when it comes to getting busted.

Marv

As director of a publishing company, I can confirm the mechanics are impossible to copyright, and it's impossible to file a case in court against any opposition, unless what has already been said, Characters, Logo's, Sprites, Artwork, Music, Sound Files etc. they can.

When we worked on the HL2 Engine, this engine can be 'licensed' to other development companies, same with ID Tech's Quake III engine... However, if a development company had developed 'coincidentally' a very similar engine at the same time, or even later, they couldn't suit for it as long as it doesn't infringe on copyright, and those copyrighted items would only include images, characters, logos, artwork, sound etc.

Simple way of putting it: Walkers(Brand) couldn't sue McCoy's(Brand) because they both produce 'crisps'.