Re: [Enigma-devel] Copyrights

[Ralf Westram]

Hi Daniel,

> [Btw, I just found a few details: it seems the author of
> rocks-n-diamonds simply copied some of the graphics and sounds from a
> commercial Boulder Dash game, so we're definitely in a better legal
> position.]
> The real question here is: how does copyright law apply to ideas like
> level designs?  I don't think we will have a problem with the graphics
> or the game itself looking similar to Oxyd.

Regarding german patent laws it seems to be impossible to protect the
idea of a game. Normally the layout of the game gets protected using a
protection mechanism called "Geschmacksmuster" (similar to 'design
patent' or 'registered design'). They name of a game may be registered
as trademark.
This applies at least to "normal", non-computer games.

Software patents are generally impossible, despite as part of a
technical invention.

Copyright definitely protects the explicit source code or binary from
being copied.
When cloning a game the copyright might as well apply to the idea, if
the clone is identical or very similar. As soon as there are bigger
differences between clone and original it does not seem to apply.
I can't guess HOW big these differences have to be.

The level re-design might be a problem, but I think the Oxyd emulation is
not a problem, because Dongleware explicitely invites people to copy
the original game (see Per.Oxyd intro screen for an example). I think
it would even be legal to include the original binaries into the
enigma distribution.

Graphical layout might as well be a problem, even if the graphics have
been re-designed.


Despite all these considerations I agree with Nat that we should try
to get an explicit permission from Meinolf.


cu
Ralf

-- 
The most likely way for the world to be destroyed, most experts
agree, is by accident.  That's where we come in;  we're computer
professionals.  We cause accidents.
(Nathaniel Boerenstein)