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I have a question: How to certain games (wont say any names) get away with legally copying other gam
MMOExposed
Member RarePosts: 7,387
I have a question: How to certain games get away with legally copying other game.
Isnt there a level of Copyright protection and Trademark protection at play? So how do these other developers get away with copying without legal actions stopping them?
Isnt there a level of Copyright protection and Trademark protection at play? So how do these other developers get away with copying without legal actions stopping them?
Philosophy of MMO Game Design
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for example two games with the same graphics style, having a coming of age story and are fantasy (all the traditional races and clases) might feel the same.
- First -- It depends from what countries these games are coming from that are copying.
International copyright laws are not quite as solid a protection in any country, as the national copyright laws are within a country.- Second -- Even within the USA (which I am from), copyright protection does not protect from someone talented enough to take any art form work (visual, text, audio,etc), and change it just enough as to not get sued.
Patents (which are basically copyrights for mechanical designs), are at least a bit more strict, but also a lot more expensive relatively.For example, even though "stolen assets" are an issue, in eastern games, copying is less of an issue because "apparently it is". I've told this story before but when Lineage 2 was being developed NC Soft sent the US office some posters that had some "copied" images that were not theirs to use and they had to be told that it wouldn't fly.
If you look at many eastern games they do use similar images. I recall a sword in Lineage 2 that appeared in several other eastern games.
You have to remember that "copying" may not be considered bad by some cultures. Heck, in the west there was a time where an entire melody would be used from another song and completely used in new compositions. The use of folk song (not copyrighted) was also used in many different pieces.
So if you are thinking of eastern games then there might be some leeway allowed depending on the circumstance.
As far as what Corman said, I have to disagree a bit (though he is correct on certain items being "old" and therefore no longer protected). Things like Orcs, Vampires, Elves, etc are not protected because they are based upon folklore/mythology. No one owns those. However, if one wanted to make a complete copy of the Dracula story but with the names changed then that would be a different matter (no one would want to copy Twilight so there is no worry there).
Additionally, certain game play aspects might not be protected by their very nature. Such as healthbars the use of the word "mana", or "laser" or "space ship".
Lastly, sometimes something is not a copy but an homage or "reference" to another property. If it is such then that is not really a big deal. There's a term for it but I forget.
Godfred's Tomb Trailer: https://youtu.be/-nsXGddj_4w
Original Skyrim: https://www.nexusmods.com/skyrim/mods/109547
Serph toze kindly has started a walk-through. https://youtu.be/UIelCK-lldo
Section 107 of the Copyright Act sets forth a non-exhaustive list of four elements that the courts must consider in determining if any unauthorized use of a copyrighted work is a “fair use.” They are: (1) the purpose and character of the work (which is claimed to be a fair use); (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
While the statute does not list it as a factor that must be considered, as a result of an interesting 1994 U.S. Supreme Court decision in the case of Campbell v. Acuff-Rose Music (a case involving rapper Luther Campbell’s unauthorized cover version of Roy Orbison’s classic song, Oh, Pretty Woman), the courts have established another element to be considered: whether or not the unauthorized use is a “transformative use.”
While some consider this to be a new “fifth element” to be considered, most legal scholars consider the “transformative work” test to be an element to be considered as part of the analysis of the first of the four statutory factors, i.e., the purpose and character of the work.
The Campbell Court stated that a derivative work becomes a “transformative work” (and, thus, entitled to fair use treatment) if it uses a source work in a completely new or unexpected way.
Godfred's Tomb Trailer: https://youtu.be/-nsXGddj_4w
Original Skyrim: https://www.nexusmods.com/skyrim/mods/109547
Serph toze kindly has started a walk-through. https://youtu.be/UIelCK-lldo
Godfred's Tomb Trailer: https://youtu.be/-nsXGddj_4w
Original Skyrim: https://www.nexusmods.com/skyrim/mods/109547
Serph toze kindly has started a walk-through. https://youtu.be/UIelCK-lldo
Of course, the same cant be said about other stuff. Harry Potter is a brutal copy of Neil Gailmans "Books of magic" down to the friggin owl, and Rowling are suing people on and off.
Well, except that Tim got John Constantine as a teacher, he kicks Dumbledores "#¤%.
When the authors die have nothing to do with it, just when the work was originally made.
It seems to also have a lot to do with how good lawers you have, obviously have Rowling better then Gailman (or he isn't as smallminded).
The whole thing is pretty silly, few ideas are that original no matter if we talk about games, books or movies. Lucky enough for us is most game companies better then movie and book publishers so games don't sue eachother because they invented the auction house, the trinity combat or questing.
"Do not let your audience know where you stole the idea from." -- not actually a quote, but it gives the idea.
Also, if you consider from a professor's perspective of how to read literature (which should also apply to other forms of art)...
"Each literature is having a conversation with past literatures, and those that read more and more literatures, will be able to recognize similar characters between them." -- also not actually a quote, but it gives the idea.
Knows this hence why he/she doesn't give an example.
That being said, some games are pretty blatant with the varied iterations of copyrighted material from other games, such as a game somewhat recently popping up and using images from the FFXIV: Heavensward trailer as their own in their advertisements/websites. And this MageRealm Panda Monk is obviously nearly copied and pasted from WoW with some slight differences.
The moral of the story: Be vague with the presentation and change just enough to pretend its your own creation and you win.
Tolkien did made a lot of things popular and he and Howard are probably the 2 that have influenced MMO lore most. There are a few others as well, like Ed Greenwood, Jeff Grubb and the duo Weiss and Hickman as well.
So whos relatives (and the later ones who are still alive) that deserves the money for the MMO lore could be discussed.
Mechanics wise is Gygax still a huge influence (levels) as well as Garriot and Andrew Kirmse and Chris Kirmse (the last 2 made Meridian 59).
IP protection protects mostly just names. As long as you don't copy paste name of a character, race, place, etc. from other's work, you can make nearly 1:1 copy that's named differently.
Then there's a lot of assets where copyright is expired or didn't exists to begin with. Same pieces of classical music are played from one game to another because there's no copyright, and everything based on myths, legends, history, or real places is free for anyone to use.
Then there's also a lot of assets that anyone can buy. Same game engine can be used for dozens of games and there are dedicated marketplaces for selling and buying assets for games.
On a side note one of my good gaming friends is an actual relative of Tolkiens, and I could tell you story's all day. :awesome:
But since WW1 certainly wasn't fictional no-one owns it. Norse mythology (which Tolkien was an expert on, as well as Norse languages) is slightly more fictional and we do know the names of at least some skalds that influenced tolkien including Snorri Sturlason.
Mixing in abit of real history for basis makes the world feel more alive, even when the reader don't realize your inspiration.
Look at gameloft games. It has a game that copies World of Warcraft, it has a game that copy GTA, a game that copy CoD, a game that copy Halo, etc.
Some games here on this advertisement even uses artwork from GW2.
Marvel and DC comics seem to copy each other all the time, Deadpool and Deathstroke for example.
Philosophy of MMO Game Design
I see in Twitch a lot sound getting muted because of copyright yet when comes to games i see all kinds of copying.
How often do we see the term EASTER egg?Quite often that is using some form of either copyright or someone's property/identity without permission.I have seen a couple cases of late of female actresses suing games for using their likeliness.
When comes to game engines that is really tricky,i am quite certain as employees shift around they are using stolen ideas from their old employers.The problem is it usually needs some sort of paper trail or intent.
Dark N Light was a notable game that was deemed to be using stolen material.I could be mistaken however i believe it was even Archage was it not that also ran into some trouble.
I am sure it happens a lot ,gaming just seems to be one industry that is still VERY new to law and legality.
Never forget 3 mile Island and never trust a government official or company spokesman.
Substitute Dracula for, erm, "any other currently copyrighted vampire story other than Twilight".
Also, per an earlier comment from another poster, easter eggs sort of fall into the "homage" category.
Godfred's Tomb Trailer: https://youtu.be/-nsXGddj_4w
Original Skyrim: https://www.nexusmods.com/skyrim/mods/109547
Serph toze kindly has started a walk-through. https://youtu.be/UIelCK-lldo
For a reference see the Jordan "jumpman" logo. Another recent incident involves justin timberlake and Marvin gay.
There isn't a "right" or "wrong" way to play, if you want to use a screwdriver to put nails into wood, have at it, simply don't complain when the guy next to you with the hammer is doing it much better and easier. - Allein
"Graphics are often supplied by Engines that (some) MMORPG's are built in" - Spuffyre