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How To Judge Legal Risk When Making a Game Clone?

An anonymous reader writes "I'm an indie game developer making a clone of a rather obscure old game. Gameplay in my clone is very similar to the old game, and my clone even has a very similar name because I want to attract fans of the original. The original game has no trademark or software patent associated with it, and my clone isn't infringing on the original's copyright in any way (all the programming and artwork is original), but nevertheless I'm still worried about the possibility of running afoul of a look and feel lawsuit or something similar. How do I make sure I'm legally in the clear without hiring an expensive lawyer that my indie developer budget can't afford?"

13 of 270 comments (clear)

  1. Assassinate the original owners by Anonymous Coward · · Score: 2, Funny

    Once they're all dead, they'll be no-one left to sue you.

    1. Re:Assassinate the original owners by Trepidity · · Score: 3, Funny

      Assassinate the copyright owners, then wait 70 years?

  2. PlanetMULE by BobisOnlyBob · · Score: 3, Funny

    By any chance are you the guy running PlanetMULE?

  3. Find prior art first by Anonymous Coward · · Score: 1, Funny

    Find some earlier game that the game you are cloning copied.

    Make yours look more like the earlier (hopefully unprotected) game - when it goes to court
    most of the attack against you will also be an attack against the attacker.

  4. Re:You can't by dnaumov · · Score: 3, Funny

    Even better, instead of just getting a lawyer, get a lawyer AND make original games! Sounds crazy, but seems to work for some...

  5. Re:Laws have become horribly, horribly complex by MichaelSmith · · Score: 1, Funny

    that's the plain ugly truth hanging-all-out-there-naked

    Coming from a girl posting on slashdot at 4AM, that has to be an oxymoron! Will you mary me?

    by snowgirl (978879) * writes: Alter Relationship on 2010-01-12 20:26 (#30734680) Journal

    Maybe she lives in my part of the world...

  6. Re:You don't... by Rhaban · · Score: 2, Funny

    How do I make sure I don't get pregnant while having sex every day without using any form of contraception?

    Be male.

  7. Re:Good luck with that. by xtracto · · Score: 2, Funny

    No - all that hiring an expensive lawyer does is give you someone to sue if you follow their advice and still get sued into oblivion by the other party.

    So your plan is to sue a lawyer??? you will need a lawyer for that I guess.... oh shit.

    --
    Ubuntu is an African word meaning 'I can't configure Debian'
  8. Re:Laws have become horribly, horribly complex by Hal_Porter · · Score: 3, Funny

    I sell FUD insurance. It's not clear now if you need it, but it would be very bad if you do turn out need it and don't have it.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  9. Re:Laws have become horribly, horribly complex by Sophira · · Score: 2, Funny

    That seems a bit unfair to guys. I mean, I know a guy who's interested in four things.

  10. Re:Let me present a third choice by Minwee · · Score: 5, Funny

    If you're dealing with a company like Atari (who? yes, they still exist!)

    No, they don't. Atari as a company ceased to exist in 1996. The name was picked up by Hasbro in 1998 and then by Infogrames in 2001, but apart from the name, logo and ownership of a truckload of copyrights the organization currently calling itself "Atari" has absolutely nothing in common with the company Nolan Bushnell founded back in 1972.

    This isn't a question of Theseus' Ship sitting in the harbour at Athens and being slowly replaced board by board until there is nothing left of the original, it's more like Theseus taking his ship out to sea for a wild party, dousing it with gasoline and burning it to the waterline, only to have Menelaus build an entirely new ship in Sparta with the name "Thezeus" on the prow two years later and then sailing it to Mycenae and selling it to Agamemnon who turns it into an amusement park where people pay large sums of money to play on half-finished rides and be beaten with sticks when they complain.

    The modern day Atari is the ship that Orestes built after termites destroyed that one. And it has trouble floating because he ran out of wood before the job was done. The Mycenaean QA department insists that the boat is good and that there is no need to patch it as any sinking problems are clearly the fault of the end users.

  11. Re:Let me present a third choice by roguetrick · · Score: 3, Funny

    No, this is either TediousAnalogyGuy or PretentiousAnalogyGuy.

    --
    -The world would be a better place if everyone had a hoverboard
  12. Re:The real question: WOULD they sue? by Z00L00K · · Score: 2, Funny

    And SCO seems to still haven't come to the conclusion.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.