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Licensing an Abandonware Game?

WolverineOfLove writes "I'm recreating a 1980s abandonware game with copyrights that have been seemingly unused for the past 18 years. The situation is detailed further in a Slashdot journal entry I just wrote, but in short: Is it worth dealing with all the copyrights and paying money if I want to recreate an abandonware title as an open source game? I know there are legal implications to certain decisions I might make, but there is a real possibility that this game's copyright holder will do nothing with the rights, and I'd much prefer preserving it for others than letting it fade away."

19 of 148 comments (clear)

  1. Contact the Owners by Pikoro · · Score: 5, Insightful

    Contact the owners and ask them if they mind. You might be surprised.

    --
    "Freedom in the USA is not the ability to do what you want. It is the ability to stop others from doing what THEY want"
    1. Re:Contact the Owners by RJFerret · · Score: 4, Insightful

      Not only might they surprise, they might even be supportive!

      If they aren't, then at least one has learned that you'll want to alter enough things so they won't succeed in complaining. (Or loses could be cut now before time is invested...)

      Either answer they give is a win.

      PS: Document attempts to contact in case they don't respond, at least you can show a good faith attempt.

    2. Re:Contact the Owners by Interoperable · · Score: 4, Interesting

      I very much agree. If you want to remake the game I can only assume that you enjoy playing it and have some respect for the game. Show the original authors that respect and contact them; the game represents a great deal of effort on their part and deserves a dialog. From your description of the situation in you journal entry, the author would probably enjoy hearing of your interest and you could ask them what the position of the copyright holder is on the subject and discuss options.

      --
      So if this is the future...where's my jet pack?
  2. Forget about the copyright by MichaelSmith · · Score: 5, Insightful

    Make your new game. Don't use any exact names or words from the original. By all means select your names so that people know this is a successor to the original.

    After all, open office exists along side microsoft office. Afterstep came after nextstep. You need a name like "afterstep" so that people know what you are on about.

    1. Re:Forget about the copyright by Minwee · · Score: 4, Insightful

      After all, open office exists along side microsoft office.

      And there's OpenOffice.org, which is a completely different product from Open Office. Which brings us right back to copyrights and all that...

  3. Talk to people who have done it before by C4st13v4n14 · · Score: 5, Insightful

    These guys have done exactly what you're aiming to do. You should probably get on their forums and talk to them for some insight. You should also check out their remake, it's a really good game! Warzone 2100

  4. Re:Makes one wonder... by JustOK · · Score: 5, Funny

    Duke Sue'em Forever

    --
    rewriting history since 2109
  5. Why? by urusan · · Score: 4, Insightful

    I don't understand why you want to create an exact port of the original game.

    If you want to preserve the original game, then use an emulator like DOSBox on the original executables. It will save you a load of time.

    If you want to popularize the game, then contact the owners to see if they'll sell it to you or put it under an open license. That way you can redistribute the game for use on emulators without legal worries.

    If you want to make something new, then you should really put your energies into a new game inspired by the old one.

    By the way, I once made a game that was a clone of a game on a portable system (with the intent of adding Internet play). It was an unexpectedly massive undertaking and by the end I was wondering why I was pouring so much energy into a derivative project that I might have to worry about lawsuits over when I finished it. It's really not worth it. You'll feel better in the end if you spend that time making something new that you can proudly take credit for.

    1. Re:Why? by Ihmhi · · Score: 4, Insightful

      I'd imagine he wants to make an exact replica of the game for the same reason people build Warhammer battlefields, model train sets, etc. by hand.

      Yeah sure, there's something out there you can already buy and get working, but I bet I could make a really good (if not 1:1) replica by myself!

  6. SDINAL by fm6 · · Score: 4, Insightful

    I know there are legal implications to certain decisions I might make, but...

    But nothing. You're asking a legal question, you need to go to a legal expert. Slashdotters are not legal experts, they just think they are, and their advice is worse than useless.

    1. Re:SDINAL by TechForensics · · Score: 4, Informative

      I know there are legal implications to certain decisions I might make, but...

      But nothing. You're asking a legal question, you need to go to a legal expert. Slashdotters are not legal experts, they just think they are, and their advice is worse than useless.

      As a supposed legal expert (yes, IAAL), I can advise that if it cannot be positively determined that copyright is not in force (and after only 18 years it seems impossible that it would not be) then yes, without permission you could be sued, very likely successfully-- but then, the copyright holder may not wish to sue, and as another post noted, even be supportive. Be sure to get that expression of support in writing. (And be sure the author and copyright holder are one and the same.)

      --
      Those are my principles, and if you don't like them... well, I have others.
    2. Re:SDINAL by syousef · · Score: 5, Funny

      But nothing. You're asking a legal question, you need to go to a legal expert. Slashdotters are not legal experts, they just think they are, and their advice is worse than useless.

      Goes to show what you know! We think we're experts at EVERYTHING, not just law. And we're pedantic and petty! We know it better than you do and your spelling sux and your mother ate worms! And we're abusive. I'll demonstrate: Get it right, loser!

      (Anyone who mods this as anything other than humour is a complete moron).

      --
      These posts express my own personal views, not those of my employer
  7. imo by Anonymous Coward · · Score: 4, Funny

    imo instead of bionic commando it should be bionic fartmando. instead of having a bionic arm you eat cans of super beans and fart to kill enemies. you also fart to jump, so the amount of beans you eat means that your jumps are limited. so to clear levels in the best way you have to conserve your farts and figure out how to do the least jumping. anyway bionic fartmando. code it up and i'll buy it. also i'll buy a second copy for my son marticock.

    WSL3

    1. Re:imo by Ihmhi · · Score: 4, Funny

      Never before have alcohol and an Internet connection come together to make something this funny.

  8. Re:Patents by bbqsrc · · Score: 4, Informative

    Abandonware can mean that the company that owned the copyrights no longer exists, and the ownership of the copyright is in limbo. Look at Transport Tycoon for example. The copyright was transferred to a company from a company that no longer exists to a company that no longer exists, and thus nobody can defend the copyright to the game. This is the epitome of abandonware and it's what allowed OpenTTD to exist.

    --
    Disagree != mod troll.
  9. Make use of the Original by Mendy · · Score: 4, Insightful

    How about coding yours so that it loads resources it needs from a copy of the original game which you leave it up to the end-user to acquire? This is how Quake reimplementations work and ID don't seem to have complained about it.

  10. I've done this before... by dudeX · · Score: 4, Insightful

    First thing I did was emailed a few of the principal owners of the game, and told them about my intent, and asked about who holds the copyright and trademarks. I got the go ahead, with the caveat that another company owned the trademark to this particular game.

    I also searched the web to look at other projects based on remakes. It seems that the best way to handle remakes of abandownare games is to not to bother the company that made it (especially if they're big like EA or Activision). The unwritten rule seems to be if you don't bother them, they won't bother you. Otherwise, they'll just say no and might put the kibosh on the project.

    This should also be obvious, but don't sell the game. Just don't.

    I never finished the game I was remaking since writing the tools to make it got laboriously time consuming.

  11. 1980s abandonware copyrights unused for 18 years by da5idnetlimit.com · · Score: 4, Funny

    Gosh, you are trying to code Duke Nukem Forewer on your own ????

    --
    It takes 40+ muscles to frown, but only four to extend your arm and bitchslap the motherfucker
  12. Re:Makes one wonder... by maxwell+demon · · Score: 5, Funny

    What would 3DRealms do if someone just went ahead and wrote / released an open source version of Duke Nukem Forever.

    They would probably announce that they'll sue you soon if you don't stop this. However, the actual sue date would be shifted to the future indefinitely. :-)

    --
    The Tao of math: The numbers you can count are not the real numbers.