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#ActualHodgman

Posted 03 August 2012 - 09:53 PM

For what it's worth, you're always at risk of being sued.

QFE -- Most tetris clones have been shut down simply by the threat of a lawsuit, even though the Tetris company would likely lose in court, because the 'clone' developer hasn't had the money to hire a lawyer to defend themselves.

Trademarks cover names, so if I make "Hodgman's Risk", then I'm infringing on the "Risk" trademark.

Copyright covers "creative works", which usually just means art/sounds. In that tetris ruling, they also covered what basically amounts to the User-Interface layout as a creative work, and that's what sunk the defendant -- they copied they way in which the (unprotected) mechanics were conveyed to the player via the UI.
IMHO, that's a very grey ruling as it arguably violates the precedent of Scènes à faire (i.e. it's hard to express the rules of tertis without using that kind of UI layout), and different laywers/judges could've resulted in a different ruling.

#5Hodgman

Posted 03 August 2012 - 09:52 PM

For what it's worth, you're always at risk of being sued.

Most tetris clones have been shut down simply by the threat of a lawsuit, even though the Tetris company would likely lose in court, because the 'clone' developer hasn't had the money to hire a lawyer to defend themselves.

Trademarks cover names, so if I make "Hodgman's Risk", then I'm infringing on the "Risk" trademark.

Copyright covers "creative works", which usually just means art/sounds. In that tetris ruling, they also covered what basically amounts to the User-Interface layout as a creative work, and that's what sunk the defendant -- they copied they way in which the (unprotected) mechanics were conveyed to the player via the UI.
IMHO, that's a very grey ruling as it arguably violates the precedent of Scènes à faire (i.e. it's hard to express the rules of tertis without using that kind of UI layout), and different laywers/judges could've resulted in a different ruling.

#4Hodgman

Posted 03 August 2012 - 09:52 PM

For what it's worth, you're always at risk of being sued.

Most tetris clones have been shut down simply by the threat of a lawsuit, even though the Tetris company would likely lose in court, because the 'clone' developer hasn't had the money to hire a lawyer to defend themselves.

Trademarks cover names, so if I make "Hodgman's Risk", then I'm infringing on the "Risk" trademark.

Copyright covers "creative works", which usually just means art/sounds. In that tetris ruling, they also covered what basically amounts to the User-Interface layout as a creative work, and that's what sunk the defendant -- they copied they way in which the (unprotected) mechanics were conveyed to the player via the UI.
IMHO, that's a very grey ruling as it arguably violates the precedent of Scènes à faire, and different laywers/judges could've resulted in a different ruling.

#3Hodgman

Posted 03 August 2012 - 09:45 PM

For what it's worth, you're always at risk of being sued.

Most tetris clones have been shut down simply by the threat of a lawsuit, even though the Tetris company would likely lose in court, because the 'clone' developer hasn't had the money to hire a lawyer to defend themselves.

Trademarks cover names, so if I make "Hodgman's Risk", then I'm infringing on the "Risk" trademark.

Copyright covers "creative works", which usually just means art/sounds. In that tetris ruling, they also covered what basically amounts to the User-Interface layout as a creative work, and that's what sunk the defendant -- they copied they way in which the (unprotected) mechanics were conveyed to the player via the UI.
IMHO, that's a very grey ruling, and different laywers/judges could've resulted in a different ruling.

#2Hodgman

Posted 03 August 2012 - 09:43 PM

For what it's worth, you're always at risk of being sued.

Most tetris clones have been shut down simply by the threat of a lawsuit, even though the Tetris company would likely lose in court, because the 'clone' developer hasn't had the money to hire a lawyer to defend themselves.

Trademarks cover names, so if I make "Hodgman's Risk", then I'm infringing on the "Risk" trademark.

Copyright covers "creative works", which usually just means art/sounds. In that tetris ruling, they also covered what basically amounts to the User-Interface layout as a creative work, and that's what sunk the defendant -- they copied they way in which the (unprotected) mechanics were conveyed to the player via the UI.

#1Hodgman

Posted 03 August 2012 - 09:42 PM

For what it's worth, you're always at risk of being sued.

Most tetris clones have been shut down simply by the threat of a lawsuit, even though the Tetris company would likely lose in court, because the 'clone' developer hasn't had the money to hire a lawyer to defend themselves.

Trademarks cover names, so if I make "Hodgman's Risk", then I'm infringing on the "Risk" trademark.

Copyright covers "creative works", which usually just means art/sounds. In that tetris ruling, they also covered what basically amounts to the User-Interface layout as a creative work, and that's what sunk the defendant.

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