No, no, no. A character *image* and *name* are trademark, when used in a trademark capacity. The fictional character itself is *absolutely* covered by copyright... the character being not just the design, but his behavior, personality, history, actions, the totality of his fictional existence. This is why one cannot take Harry Potter and just create an original story around him... that would still qualify as a derivative work, which is under copyright protection. And because the book is a series, the title "Harry Potter" qualifies for trademark protection.
In this case, it is completely relevant to look at the characters, because when taken as a whole (characters, map design, story concept, medium), it is clear this is a copy of Pac-man. We may disagree as to whether the amount of copying rises up to the level of infringement, but there is a clear copyright infringement claim to be made here. The DMCA is appropriate.
Following the DMCA absolves Google of responsibility in case Namco does decide to pursue further legal options, and Google has no obligation to do do business with any entity it feels may harm it. That is a private decision which needs not take place in a court room; the whole point is for the middle party to avoid the court room.
I'm sure if Namco does decide to pursue this in court, there would be many who would call them out for disproportionate use of force. That'd be correct, and I think Namco itself agrees too. The ball is now in the indy developer's court, and after purusing his website and looking at screenshots, it's probably best to just pick the ball up and go home, imho.
Your understanding of copyright law is imperfect.
The copying need not be exact. Method of copying need not be mechanical.
You've copied the creative expression of the Pac Man characters and the map designs. You've reproduced the entire atmosphere of Pac Man.
Copying the gameplay, however, is perfectly fine. Why not retool the game with a little more of your personal creativity? Surely that's more attractive than constantly trying to find how closely you can skirt the law.
Game play is not copyrightable.
However, it is very clear this guy copied the character design, map design, and "general spirit" of Pac-Man. Those are copyrightable, and it doesn't matter what method was used to do the copying, it doesn't matter that he didn't lift assets directly from Pac-Man; they are similar enough when taken as a whole to be clear infringement. And let's not forget about the blatant trademark infringement (Pac is a unique word, so its trademark protection is extra strong.)
He doesn't need a lawyer. He needs to remake his game with original characters/level designs/storyline, i.e. actually become creative, or partner with someone who is.
Slashdot Mirror
No, no, no. A character *image* and *name* are trademark, when used in a trademark capacity. The fictional character itself is *absolutely* covered by copyright... the character being not just the design, but his behavior, personality, history, actions, the totality of his fictional existence. This is why one cannot take Harry Potter and just create an original story around him... that would still qualify as a derivative work, which is under copyright protection. And because the book is a series, the title "Harry Potter" qualifies for trademark protection. In this case, it is completely relevant to look at the characters, because when taken as a whole (characters, map design, story concept, medium), it is clear this is a copy of Pac-man. We may disagree as to whether the amount of copying rises up to the level of infringement, but there is a clear copyright infringement claim to be made here. The DMCA is appropriate.
Somehow he attracted Namco's attention while those others did not, on a third party web store owned by a major company. Touch luck.
Following the DMCA absolves Google of responsibility in case Namco does decide to pursue further legal options, and Google has no obligation to do do business with any entity it feels may harm it. That is a private decision which needs not take place in a court room; the whole point is for the middle party to avoid the court room. I'm sure if Namco does decide to pursue this in court, there would be many who would call them out for disproportionate use of force. That'd be correct, and I think Namco itself agrees too. The ball is now in the indy developer's court, and after purusing his website and looking at screenshots, it's probably best to just pick the ball up and go home, imho.
Your understanding of copyright law is imperfect. The copying need not be exact. Method of copying need not be mechanical. You've copied the creative expression of the Pac Man characters and the map designs. You've reproduced the entire atmosphere of Pac Man. Copying the gameplay, however, is perfectly fine. Why not retool the game with a little more of your personal creativity? Surely that's more attractive than constantly trying to find how closely you can skirt the law.
Game play is not copyrightable. However, it is very clear this guy copied the character design, map design, and "general spirit" of Pac-Man. Those are copyrightable, and it doesn't matter what method was used to do the copying, it doesn't matter that he didn't lift assets directly from Pac-Man; they are similar enough when taken as a whole to be clear infringement. And let's not forget about the blatant trademark infringement (Pac is a unique word, so its trademark protection is extra strong.) He doesn't need a lawyer. He needs to remake his game with original characters/level designs/storyline, i.e. actually become creative, or partner with someone who is.