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Copyright/patent questions.

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Yes, i known that the ideas cannot be copyrighted, and the ideas will cost nothing, zero.. I "have" a pac-man clone game (just a example), this game consist in the "pacman" must eat every chips around here and avoid to be eated by the ghost, so nothing new. But my pac-man clone also allow to camouflage my "pacman" and made it invisible or camo-like-a-ghost. So, i want to patent this concept (of course *i have the prototype*, the docs, the arts...),it''s possible?. I don''t want to patent the game himself, i only just want to patent the variation. This for avoid to someone will steal it and made a another pac-man clone that made the same (invisible) but with another name, graphics, sound... Second question atent cost a lot?, and copyright? Third Question :Variant of a game (like my example) can be copyrighted?(at least the "original" parts) Fourth question :Anyone had patent/copyrighted some programs/game? (just curious)

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1. Patents are for inventions and unique processes. I really doubt this innovation would be found to be unique and non-obvious.

2. I think patents are more expensive to file, and require more documentation, approval, and prior search. Even if they aren''t, it costs money to enforce a patent. Do you have a few million to fund your lawbots to enforce the patent?

3. I know that for a copyright, you cannot copyright a derivative of another person''s work. I don''t know if the same is true for patents, but I would suspect it is. However, I doubt the unique pacman game mechanic is patented, so it''s likely a moot point.

4. Nope. In fact, I have rarely heard of ANY game software being patented.

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This is a sick and retarded idea. You clone something, then want to patent the variation?

If that were possible, you would get a nice lawsuit from Namco since your game draws far too many elements from Pacman. And probably Namco couldn''t have made Pacman to begin with, because it probably has features from other games too. All game ideas would be monopolized by their original makers, and to make anything as simple as a sidescrolling platformer you''d need to pay tons of royalties, because someone invented sidescrolling before, someone invented the concept of moving a character ina sidescrolling envronment, someone would''ve patended using animated sprites for characters, etc, etc and etc.

Just look at the plethora of ridiculous IT patents that show up on the media from time from time and cause major PITA on everyone. Imagine if games were subject to the same insanity.

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This would probably be a better q to ask in the business forum.

However, I agree with M3d10n. The last thing we need is more
ridiculous software patents.

-Hyatus
"da da da"

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quote:
Original post by M3d10n
This is a sick and retarded idea. You clone something, then want to patent the variation?


The patent system is set up to allow this very thing. Let''s sya you invented a cork screw, but neglected to include a handle in your design. I come along and patent the idea of a handle to make corkscrewing easier. Improvements to inventions are allowed, so my patent passes.

Now, if I wanted to produce my handled corkscrew, I would still have to respect the original patent and thus have to come up with some sort of licenscing agreement with you.

However, software patents are a bad idea, and IMHO, a insult to the thousands of people who built this field from nothing but letting others make free use of their ideas.

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quote:
Original post by Korvan However, software patents are a bad idea, and IMHO, a insult to the thousands of people who built this field from nothing but letting others make free use of their ideas.

Yet, that is what progression is all about... using the ideas of the past to create new ideas for the future.

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quote:
Original post by Korvan
[Now, if I wanted to produce my handled corkscrew, I would still have to respect the original patent and thus have to come up with some sort of licenscing agreement with you.



You wouldn''t need any kind of licensing agreement, since a corkscrew with a handle would be consider significantly diffrent from a handless corkscrew that it would be a diffrent invention.

-----------------------------------------------------
"Fate and Destiny only give you the opportunity the rest you have to do on your own."
Current Design project: Ambitions Slave

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why did anyone even give this person a serious reply?

Why the hell would you want to patent something like that, unless you are billgates and you can pay someone to go do stupid stuff like that, i bet you can''t even program for a start

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Software patents are an abuse of the patenting system and should *never* be allowed. Imagine if someone patents a for loop! This would prevent us teaching others how to program and pass on the trade.

It is disturbing to hear thing like in the USA for example it is possible to patent the genetic code of a living organism. This is wrong and evil.

I believe that eveyone should sign this to prevent patent abuses within the EU:

http://petition.eurolinux.org/index_html?LANG=en

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So,now i understand the reason behind the poor originality in the videogames worlds!.
The best choice is to steal ideas!. It''s for free (of course you need to made enough changes from the original). U_U

johnnyBravo :are you a idiot?. I''m a senior programmer, so don''t bother and go to see Cartoon Network.








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I think Korvan's right: you can patent your variation, but in order to actually create the game in the first place you'd need a license to use the original pacman patent (Hasbro's?). I don't know whether the patent office will allow patents based on things for which you don't have a license; given that you'd have to submit a working prototype to them, you'd have to have created the game. So I don't think you can sidestep that, unless they'll look the other way while they sign you up.

Also, johnnyBravo, that's unacceptable behaviour. Attacks on other members are prohibited by the forum rules.

[edited by - superpig on June 14, 2004 2:14:54 PM]

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it should also be mentioned that even if you have a patent and a copyright, you''ll still need lots of money if you actually want to _enforce_ the same. just because you have a patent doesn''t mean that the nice gov''t will happily press your case for you. you have to actively bring to trial anyone infringing on your patent/copyright. so even if someone does steal your invisible pac man idea you''ll be able to send them a cease and desist letter, but if they ignore it you''ll still need to spend a few thousand to sue them and get them to obey.

IMHO, it''s a waste of time for something that''s most likely not patentable anyway. think about it... where would we hobby developers be if ID software patented the concept of the FPS, if westwood studios patented the RTS, etc

-me

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quote:
Original post by Palidine

IMHO, it''s a waste of time for something that''s most likely not patentable anyway. think about it... where would we hobby developers be if ID software patented the concept of the FPS, if westwood studios patented the RTS, etc

-me


Yes, it''s not just to patent but in the business world, the only correct way is to earn money!.

I''m thinking that they are a alternative way for "avoid" the copy:
a) Create the game and made it very popular in no time.
b) Put the concept/idea a fancy name (and logo) example: ULTRA-EMOTIOCONTROLS, then "patent it".

Because the concept was popular and it''s asociated with some game, then the competitor doesn''t want to use it because everybody will known that it''s a copy.




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Game dev is a creative business not a manufacturing/inventing business. As such our games are protected by copyright, while patent really isn't suitable. Any tech we create will likely be out of date when the next hardware gen launches (as is the patent on character block background scrolling from the 8 bit days).

The real value in games are the IP rights (as in characters, story etc) and not the patents. How much are the characters Mario or Lara Croft worth these days (the IP) and how much is the technology worth (the code) that was used to drive the original 8 bit mario games or 16 bit Tomb Raider? The characters are worth hundreds of millions but the code is virtually worthless.

[Edited by - Obscure on June 16, 2004 6:19:04 AM]

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