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#Actualfrob

Posted 21 December 2012 - 01:11 AM

There are really two issues you need to address.

The first is willful infringement. That is when you know you are copying somebody's IP. Don't do that.

It looks like you've done your homework, figured out what other people have done, and are doing your best to not violate their rights. As long as you are being creative and coming up with your own stuff, you will generally be fine.


The second issue is risk tolerance. How much risk is there, and how much can you stand?

Everything you do has risks. Leaving your home each day has risks. You could pick up an infection and die: most people find that risk acceptable, but a few people such as the immuno-compromised, will not take that risk. If you drive a vehicle there is a risk you could crash, causing injury or even death: most people find that risk acceptable, but some do not.

Publishing software online has risks. There is a risk you will be sued. There is a chance you will get C&D orders. There is a chance nobody will ever download your stuff. You need to understand what your tolerance of risk is, what the actual risks are, and figure out ways to minimize or mitigate that risk. A good lawyer can help you there.

Most hobbiest game developers who work hard to create their own stuff (rather than cloning another work) have very little risk of lawsuit. The vast majority of projects never make it to market. Those that do frequently die in obscurity -- a lawsuit would actually help them out. Those original games that do succeed are very rarely hit with anything more severe than a credit card chargeback. It is very low risk to create an original game.

#1frob

Posted 21 December 2012 - 01:06 AM

There are really two issues you need to address.

The first is willful infringement. That is when you know you are copying somebody's IP. Don't do that.

It looks like you've done your homework, figured out what other people have done, and are doing your best to not violate their rights. As long as you are being creative and coming up with your own stuff, you will generally be fine.


The second issue is risk tolerance. How much risk is there, and how much can you stand?

Everything you do has risks. Leaving your home each day has risks. You could pick up an infection and die: most people find that risk acceptable, but a few people such as the immuno-compromised, will not take that risk. If you drive a vehicle there is a risk you could crash, causing injury or even death: most people find that risk acceptable, but some do not.

Publishing software online has risks. There is a risk you will be sued. There is a chance you will get C&D orders. There is a chance nobody will ever download your stuff. You need to understand what your tolerance of risk is, what the actual risks are, and figure out ways to minimize or mitigate that risk. A good lawyer can help you there.

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