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Game Idea Patents

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Don't clone it, put a new twist on an old idea. Add something original to the mix. Better yet start you game around a core original idea and add gameplay elements from other games on top of that core idea. For instance: It is somewhat like a combination of Donkey Kong and Tetris but with diamonds and elephants instead of blocks and monkeys.

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Guest Anonymous Poster
any company can take you to court and claim you copied their work, all they have to prove to the court that there are similarities. It is then your burden of prooving that EVERYTHING was done by you without using another piece of work as something to copy from or emulate.

just don't even think of doing this. come up with your own ip unless you want to get sued for patent infringments and copyright infringments. even if you win, are you prepared to shell out the money for the law suit?

walk away!

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Alright..so I guess that games are considered IP in terms of their artwork and complete implementation, and not only certain parts of them.. like gameplay mechanics. What I AM interested in is whether a port of a game to a mobile device such as Tetris could only be made with the purchase of a tetris license.. if one exists?

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It took me all of two minutes to find the answer from the link you provided.

The article you linked to had a link to the developers Gamespot file.
The gamespot file had a link to their web site
Their web site had a link to info on the game....

"Blue Lava quickly snapped up the rights to create and publish a wireless version of the game and now also brings us Tetris Deluxe."

Tetris is copyright of someone and anyone wanting to make a version would need permission.

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"any company can take you to court and claim you copied their work, all they have to prove to the court that there are similarities"


I think that is too gerenal to be used. I mean if want you say is right then basically all RTS games( starcraft, warcraft, AOE, AOM, Command and Conquer ) are all basically the same game. i mean have as you say "similarities:

Gather resources
build builds
build units
etc...

plus in court i would think thy have to prove they used your work in your game not the other way around, i mean that is how evry one type of case is, the plentive have the burden of prove not the defendent.

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Guest Anonymous Poster
The plaintiff only has to show the court similarities exisit and that the similarities are more likely than not copies.

The burden then shifts to the defendant to prove his work is orginal. And yes, you can bring a suit against anyone at anytime for any reason. This does not mean the court will not sanction the lawyer or the party who brought the suit. But they can none the less bring as suit against anyone they wish.

As my contracts professor says it is a loser case, but a case none the less that costs money to litigate. hasbro has millions, do you?

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Quote:
Original post by 3dmodelerguy
I think that is too gerenal to be used. I mean if want you say is right then basically all RTS games( starcraft, warcraft, AOE, AOM, Command and Conquer ) are all basically the same game. i mean have as you say "similarities:

Gather resources
build builds
build units
etc...

You are right because ideas can't be protected but the actual implementation of an idea (code, graphics, sound) can be. The idea for Dune II is Gather resources, build builds, build units, etc. To implement this the team wrote code, drew graphics etc. Those things are protected. You can't copy those graphics or use that code without infringing the developers copyright. But if you do your own graphics (orcs instead of soldiers, ogres instead of tanks) and write your own code, then you are ok.

People doing clones run into trouble because although they write the code from scratch they copy the graphics or the level design (copyright) or use a character or title that a trademark.

Lastly there is "passing off". If you produce something that is not the same as, but is similar to, the original then the owner might try to claim that you were passing off your product as theirs - in essence trying to trick customers into thinking that your biscuit, soup, car, game or whatever is actually the famous one it looks similar to. Passing off is hard to prove but that isn't really a good thing for someone seeking to make a clone because it is also very expensive to go to court and defend such a claim. While the prosecution is busy trying to prove their case you lawyer is calculating how many new cars and trips to Bali he can buy with your fee. That is why you should stay away from clones.

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