[Kde-games-devel] About 'cloning' games

[Ian Wadham]

> From: "Albert Astals Cid" <tsdgeos at terra.es>
> Sent: Wednesday, January 14, 2004 4:38 AM
> Hi, i'm trying to do a Colonization clone. I have been thinking about the
> legal issues on that. I mean, can i copy the rules and gameplay without
> Microprose wanting to sue me? I suppose i can because FreeCiv people have
> done the same and they are still there, but i would like to be sure.
>
AFAIK the "look and feel" of a game are not copyright, but the program code,
graphics, music and narratives are --- for 75 years in the USA.  They would
qualify as programs, works of art or works of literature, which are all
covered by copyright.  Check out www.copyright.gov, the US Copyright
Office website, and you can find scads of info, plus searches for registered
copyright titles and holders.

Also check out (and beware of using) any "trademark" or trade name
(search www.uspto.gov).  The name of the game and any names or logos
that are widely used inside it might be registered as trademarks.

How different do you have to make things?  That's hard to find out.

Will you get sued?  That may depend on commercial factors, imho.

Do you have a lot of money?  Are you in the USA or another country?  Will
Microprose come across you in the market place?  Are they or a successor
still in business?  Are they still actively marketing Colonization?

If "no" to all five questions, you are probably safe enough, imho.  It would
be an interesting test case if someone was sued for offering for free a
product that is no longer actively marketed.  I think the copyright owner
might have to demonstrate financial loss, but I'm no lawyer.  Also I wonder
in what circumstances the "fair use" provisions might apply to free-software
clones (see www.copyright.com/fls/fl102.html).

Here's an idea.  How about drawing on SPANISH history and writing a
DIFFERENT game called Conquistador (or Konquistador if you are
aiming at a KDE environment)?  Should be dead safe and might be
more fun.  Bags me be Cortez!

All the best, Ian W.