Is this legal?
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If you were to make an online card game that was a blatant rip off of magic: the gathering online, but spoofed the name of cards, could you get sued? How different would a clone game have to be to avoid a lawsuit?
You would have to convince the judge that it falls under the rights of Parody. Because knowing the history of Wizards of the Coast, you would be sued.
For legal advice, you should ask a lawyer. If you can't afford a lawyer, try the Electronic Frontier Foundation.
I've said this before...but it amuses me, so I'll say it again:
If you ever ask a lawyer, "Is this legal?" You will always receive the same reply: "No."
The correct question to ask is: "How can I do this legally?"
-David
If you ever ask a lawyer, "Is this legal?" You will always receive the same reply: "No."
The correct question to ask is: "How can I do this legally?"
-David
Define "ripoff". If you create an exact clone of Magic, but then change the card names, there is no chance you will survive in court.
If you make a card game, where you summon creatures and artificts, and build power based on land cards, that would probably survive in court.
Bear in mind that WOTC/Hasbro is seriously sue-happy, and that they own the patent to "tapping" cards. You have to use a different term to describe the mechanic that ensures each card can act only once per turn.
If you make a card game, where you summon creatures and artificts, and build power based on land cards, that would probably survive in court.
Bear in mind that WOTC/Hasbro is seriously sue-happy, and that they own the patent to "tapping" cards. You have to use a different term to describe the mechanic that ensures each card can act only once per turn.
It still amazes me that WotC managed to get a patent on turning a piece of cardboard sideways to indicate it's been used.
You could probably get away with making a PC game that uses the CCG concept but with different play mechanics. As far as I know , the only CCGs owned by WotC are Magic, Star Wars and Neopets. So the Marvel card game, and the Pokémon and Yu-Gi-Oh CCGs likely don't belong to them.
Look at those games for example of how they've avoided hassle from WotC's easily excitable lawyers and then don't copy them either.
Essentially, I'm saying that if you want to avoid legal troubles, just make something original. Knowing about other similar products is good too because it helps you make sure you're not copying them.
-Auron
You could probably get away with making a PC game that uses the CCG concept but with different play mechanics. As far as I know , the only CCGs owned by WotC are Magic, Star Wars and Neopets. So the Marvel card game, and the Pokémon and Yu-Gi-Oh CCGs likely don't belong to them.
Look at those games for example of how they've avoided hassle from WotC's easily excitable lawyers and then don't copy them either.
Essentially, I'm saying that if you want to avoid legal troubles, just make something original. Knowing about other similar products is good too because it helps you make sure you're not copying them.
-Auron
No trust me they have more CCG's than that. They also own a patent on the dungeons and dragons character development system that's been around for ages and was developed by TSR, not wizards or hasbro, try to figure that out.
They are the "microsoft" of game design...
They are the "microsoft" of game design...
Think Weird Al.
You can legally parody *anything*, so long as you don't use registered trade marks. So use your own names, etc (even if they are paradoies of names), and you are perfectly in the green.
Now, this doesn't mean WOTC won't *try* and sue you...and give you hell, much like McDonald's would to a food critic who gives them hell.
Here's a page that goes into this; it's got a lot of info you will like, I think.
http://www.jamesshuggins.com/h/oth1/parody.htm
You can legally parody *anything*, so long as you don't use registered trade marks. So use your own names, etc (even if they are paradoies of names), and you are perfectly in the green.
Now, this doesn't mean WOTC won't *try* and sue you...and give you hell, much like McDonald's would to a food critic who gives them hell.
Here's a page that goes into this; it's got a lot of info you will like, I think.
http://www.jamesshuggins.com/h/oth1/parody.htm
Simply changing the names does not make something a parody. As the site you linked to makes clear parody is "a humorous form of social commentary and literary criticism in which one work imitates another. and further "the fair use of a copyrighted work... for purposes such as criticism [or] comment... is not an infringement".
Simply copying a game but changing the names is neither social commentary, criticism or comment and as such wouldn't be protected as a parody.
Simply copying a game but changing the names is neither social commentary, criticism or comment and as such wouldn't be protected as a parody.
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