Hi,
does anybody know anything concrete about the intellectual property for game mechanics?
What I found was the following (http://techli.com/2013/05/game-developers-intellectual-property-is-all-youve-got-so-make-sure-you-get-it/):
Generally speaking, there is no form of intellectual property that clearly covers game mechanics. Sure, the instruction manual, source code, and art files may be subject to copyright, but nothing stops another developer from ripping off your basic gameplay idea and publishing a clone with original art and programming. While imitation is the sincerest form of flattery, it generally disfavors small studios, who increasingly turn to the public for financing through crowdfunding and other community-based support structures. This means small studios generally must disclose what they are developing to the public long before they get a working product to market.
and articles like this one:
http://www.gamesindustry.biz/articles/2012-05-31-how-to-protect-your-game-from-clones
that mentions that
Patent protection extends to the functional aspects of games, such as gameplay mechanics.
... but (http://forums.indiegamer.com/showthread.php?11603-Bomberman-gameplay-copyrighted):
No one has yet actually tried to defend the gameplay patents in court, so it's unclear yet whether those will hold up. DEFINITELY don't use other people's assets in any way shape or form. And as for the trademarks, it depends on how aggressively the holder is willing to protect them. The Tetris name is notoriously well protected (you can't name anything ___tris without their lawyers giving you a cease and desist). On the other hand ___ Tycoon has fallen into common usage, so the original publishers of Railroad Tycoon no longer have sway over that mark. There are over a hundred trademarked products that now bear the ____ Tycoon name.
I remember that people warned me that I should not choose a name with "tris" for a Tetris clone ... but they implied that publishing a clone under another name is not a problem at all. That was a long time ago.
Does anybody know of any new or old facts that indicate that it is not that simple these days? Any reason to be careful?
I just want to know if I could legally make money with a MOBA game with an obvious mashup of DOTA/LOL and Bomberman game mechanics ... plus Unreal Tournament inspired game modes like capture the flag, assault and domination.
I was not surprised to find a thread that dealt with Bomberman ... it is just a concept with an incredible appeal that it kind of feels weird that one can "borrow" the mechanics legally.
