General game question about license...
by Jesse Hall · in Torque Game Builder · 08/11/2005 (8:46 am) · 6 replies
I am wondering about license issues with games that look similar to other games. For example clones of existing games that have been done already. Like does a game with a paddle and bricks have to aquire a "breakout" license. Does a game with aliens and a turret have to aquire a space invaders license. Same with games like tetris style clones ect....
Not that I want to remake these games but if i make a game with similar gameplay and idea even if it has a multiplayer twist and some addtional ideas. Does it only require a change of graphics and gameplay to avoid legal issues?
any links or advice in this area would be much appreciated.
- Jesse
Not that I want to remake these games but if i make a game with similar gameplay and idea even if it has a multiplayer twist and some addtional ideas. Does it only require a change of graphics and gameplay to avoid legal issues?
any links or advice in this area would be much appreciated.
- Jesse
About the author
#2
A developer can only protect his implementation, not the entire concept. You just have to be sure you don't tread on their IP such as trademarked names (don't call it "arkanoid X" or "tetrisX" !) and of course don't use their copyrighted art or sounds in your game.
Some good games were made by building off of other games and adding new twists. Thank GOD we don't need a "breakout license" to make a breakout clone. Although these days you may want to make sure there are no patents on the gameplay...it's a disturbing new trend among game companies.
Edit: punctuation, spelling, and capitalized GOD so he might let me live longer. ;o
08/11/2005 (11:59 am)
Basically... You are free to make breakout games, space shooters, pong, tetris, snood, snake, etc etc. A developer can only protect his implementation, not the entire concept. You just have to be sure you don't tread on their IP such as trademarked names (don't call it "arkanoid X" or "tetrisX" !) and of course don't use their copyrighted art or sounds in your game.
Some good games were made by building off of other games and adding new twists. Thank GOD we don't need a "breakout license" to make a breakout clone. Although these days you may want to make sure there are no patents on the gameplay...it's a disturbing new trend among game companies.
Edit: punctuation, spelling, and capitalized GOD so he might let me live longer. ;o
#3
yep, I've read articles on Gamasutra , GameDev and IGDA websites but the line is still fuzzy so I thought I would get some advice from this community.
@Joe
That is my opinion as well. There is gameplay that I found fun but would have liked additional elements or another twist. At this point I am pretty sure I have a feel for where the line is even though that line is fuzzy. I'll check for gameplay patents before I go to far.
Imagine the hell we would be in if someone had a patent on FPS, RTS ect...
- Jesse
08/12/2005 (3:12 pm)
@Darrenyep, I've read articles on Gamasutra , GameDev and IGDA websites but the line is still fuzzy so I thought I would get some advice from this community.
@Joe
That is my opinion as well. There is gameplay that I found fun but would have liked additional elements or another twist. At this point I am pretty sure I have a feel for where the line is even though that line is fuzzy. I'll check for gameplay patents before I go to far.
Imagine the hell we would be in if someone had a patent on FPS, RTS ect...
- Jesse
#4
Edit: Summed it up : .
08/12/2005 (11:54 pm)
Definitely Jesse, which is why we should oppose software patents as much as we can. Just think of all the great games that may never have been created if said patents (FPS,RTS) had existed. Lucky for us, as of now there aren't SO many patents on gameplay to stifle ALL creativity. Yet soon I believe we will reach a point where it does become a problem. Edit: Summed it up : .
#5
I am looking from perspective of making a computer game based on a board game...
08/19/2005 (12:07 pm)
Ok, so what about games like Stratego, Risk, Monopoly, etc - i.e board games? What is copyrighted in these games: gameplay, game mechanics, names?I am looking from perspective of making a computer game based on a board game...
#6
*Gameplay was never inteded to be allowed to be patented, but software (and lawyers) make it seem more complex so the patent office will grant patents on computer gameplay. The only non-software game that I know of to get a patent on gameplay is "Magic the Gathering" for turning cards sideways. So for the next 20 years(?) anyone making a card game has to pay them if they want to turn a card sideways in their game. Or get sued.
08/19/2005 (1:02 pm)
AFAIK no gameplay from any of the mentioned games was patented. You only have to worry about copyrights. In fact gameplay patents are only a new fad mostly just affecting game software*. As long as you don't name your game monopoly, give it a boardwalk and make it exactly the same you should be ok. There are already "Risk-like" games and some games based on stratego floating around. Of course the best thing to do is make it as original as you can, just basing the gameplay on something but giving it a new twist. *Gameplay was never inteded to be allowed to be patented, but software (and lawyers) make it seem more complex so the patent office will grant patents on computer gameplay. The only non-software game that I know of to get a patent on gameplay is "Magic the Gathering" for turning cards sideways. So for the next 20 years(?) anyone making a card game has to pay them if they want to turn a card sideways in their game. Or get sued.
Torque Owner Darren Stuart