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Protecting an idea


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#1 Milwyn   Members   -  Reputation: 105

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Posted 28 May 2013 - 02:18 PM

Hi

 

I registered hoping someone could help me clarify my doubts. I already read a lot about copyright, tradesmark and patenting.

 

What i was hoping to do is to protect an idea i have that has to do with the storyline and affects the mechanics of the game. I know my idea has potential and i want to develop it... but i don't have enough knowledge or experience to really make it good. So i wanted to implement it anyway for gaining experience, although the result may be a little crappy at first.
 

So, i wanted to be able to do this, without somebody taking the idea and develop in a much better way... i wish to do that in the future.

 

What i read about patents is too extreme for me... i do not wish to do the same case as the one who patented the minigames during loading.

To explain myself better, here's an example: in Burrito Bison... the idea is not to be able to copy a mexican masked fighter being lauched and bouncind over gummy bears. The extreme case, would be wanting to patent a launching game... i don't want that.

 

Well, thats it. I will really appreciate any relevant opinion. Thanks.



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#2 Tom Sloper   Moderators   -  Reputation: 9853

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Posted 28 May 2013 - 05:00 PM

1. What i was hoping to do is to protect an idea i have that has to do with the storyline
2. and affects the mechanics of the game.
3. I know my idea has potential and i want to develop it... without somebody taking the idea and develop in a much better way... i wish to do that in the future.
To explain myself better, here's an example: in Burrito Bison... the idea is not to be able to copy a mexican masked fighter being lauched and bouncind over gummy bears. The extreme case, would be wanting to patent a launching game... i don't want that.

1. You can't protect a story outline. You can write the story in detail, and once you do that, it's automatically copyrighted.

2. You can't protect a game mechanic, short of patenting it. 

3. There's no way to do the thing you want to do. You can't protect the Mexican wrestler flying and bouncing over gummy bears idea. 

Sorry!


-- Tom Sloper
Sloperama Productions
Making games fun and getting them done.
www.sloperama.com

Please do not PM me. My email address is easy to find, but note that I do not give private advice.

#3 Milwyn   Members   -  Reputation: 105

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Posted 28 May 2013 - 05:33 PM

So, what i understand from what you say: i could build a game with a story based on the storyline of another game, programming the same gameplay and design my own graphics based on the same theme (mexican wrestler flying and bouncing over gummy bears) and with all that... i wouldn't be breaking any law.

Is this correct?

 

If it is correct, how does it usually work on the game industry? (is it like, nobody likes the idea being copied? or don't care if it's copied or not as long as it's a better game?)

 

Thank you for your time.



#4 Tom Sloper   Moderators   -  Reputation: 9853

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Posted 28 May 2013 - 05:44 PM

1. So, what i understand from what you say: i could build a game with a story based on the storyline of another game,
2. programming the same gameplay
3. and design my own graphics based on the same theme (mexican wrestler flying and bouncing over gummy bears) and with all that... i wouldn't be breaking any law.
4. how does it usually work on the game industry? (is it like, nobody likes the idea being copied? or don't care if it's copied or not as long as it's a better game?)

1. You can't write a story about Link rescuing Princess Zelda. But you can write a story about a plucky guy rescuing a plucky female of royal heritage.
2. You really shouldn't copy someone's gameplay exactly. See http://techcrunch.com/2011/06/16/war-zynga-sues-the-hell-out-of-brazilian-clone-vostu/
3. It's not a question of "breaking a law." It's a question of somebody suing you.  There's a difference.
4. Read http://sloperama.com/advice/faq61.htm
And since your real question is about protecting your own IP, read Mona's article "IP Enforcement for Indies" (you had to go past the link to get here, you didn't read the Getting Started block for this forum).  Here's that link: http://maientertainmentlaw.com/?p=64


-- Tom Sloper
Sloperama Productions
Making games fun and getting them done.
www.sloperama.com

Please do not PM me. My email address is easy to find, but note that I do not give private advice.

#5 lithos   Members   -  Reputation: 413

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Posted 30 May 2013 - 06:51 PM

http://www.gameproducer.net/2011/12/17/heres-why-i-cannot-steal-your-game-idea-even-if-you-want-me-to/



#6 Aliii   Members   -  Reputation: 1446

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Posted 31 May 2013 - 02:38 AM

2. You really shouldn't copy someone's gameplay exactly. See http://techcrunch.com/2011/06/16/war-zynga-sues-the-hell-out-of-brazilian-clone-vostu/

 

Ive read this article and watched the vid. Sure some of the things seem to be copies but I find most of it rather insulting(the vid especially. Who did they make that for? For what reason? ...for the lawyers, the judge?:) I doubt that)

They list things as "pink soap", "sweeping broom", obvious animations. They list the Cafe world interface for having 4 tabs and a red X in the top-right corner. The yellow bonus bar. Floating coins ...if that would be patented it would be still the "slide and unlock" category at best.

 

No one can copyright the "cartoonish looking soap/sweeping broom".






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