[Kde-games-devel] Kapman default theme

[Mauricio Piacentini]

Parker Coates wrote:
>> At the same time, no one has reported this as an issue yet. Any opinions?
> 
> There are still some major trademark issues even with the theme
> change. The application icon is still the original Pac-Man graphic and
> the sound made when the hero dies is very similar to the original (if
> memory serves me correctly).

I think we should not be over cautious as well. One thing is the 
characters, but imo if we start going down this route (trying to 
anticipate every possible legal issue) then we will end up validating 
all claims that some companies do. As an example, several game companies 
also attempt (and succeed) in patenting game mechanisms, like the ghost 
rider, and this is something that is not recognized in almost all 
countries.
So, let us not try to solve all potential issues, as we could easily 
fall prey to FUD tactics.
Sound similarity for example is something that does not affect us, as no 
one could patent a specific "type" of sound. However, IF the sound we 
use is exactly the same from the game (sampled) then we should 
definately change it. Key idea is: similarity is ok, lifting a 
trademarked character is not. I will leave this to the sound authors to 
discuss: guys?
As an example, I would be against a game that features Pokemon 
characters, for obvious reasons (notice that at one time a chinese linux 
distribution was shipping such a theme for one of our games.) But trying 
to limit a game genre or mechanism is not ok imo, and the courts of 
almost all countries agree with this.
Eugene said he would change the icon, so this is one less issue.

Regards,
Mauricio Piacentini