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Sim Games and Copyright

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18 comments, last by chronos 22 years ago
Ever since around October 1999 I''ve been working on the design for a sim on a subject that''s never been covered before. It''s taking me a very long time, and the end is nowhere in sight. The biggest fear I have is that some other person or company will release a similar game before I even have a chance to finish my own. It takes a long time to make a game and, given how Sim games are based on real-life concepts, the risk is very real. Perhaps this seems like a small problem, but consider how, besides being seen as a copycat, there might be legal issues associated with such an unlucky coincidence. It''s the sort of injustice that tormented Leibniz at the hands of an arrogant Isaac Newton. It''s the "post hoc, ergo propter hoc" fallacy applied to creative works. Imagine what would happen if another company was working on a game like Sim City during the time Sim City itself was released. The company would be seen as unoriginal, perhaps even criminally so, all because of a misjudgment of the apparent evidence. Perhaps I''m worring too much. After all, companies other than Microsoft can make Flight Simulators, and companies other than EA can make basketball games. This doesn''t stop me from wondering what might become of my game. If I''m not the first to publish a certain kind of sim, might my game be allowed to exist? So what can I do to protect myself? I''ve already written down the approximate date on which I started working on the game, but sadly this does not constitute any form of evidence (it''s easily forged). Should I look for a timestamping service? What else can I do to protect myself? Any advice or commentary is appreciated.
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you will not be able to copyright or otherwise own an idea. by timestamping or providing evidence that you were already developing the game before someone else sells it (or more importantly, before you KNOW someone is going to sell it - ie. its also in development) will, at best, simply stop them from pursing legal action against you.

you will still release it second, and whatever the publics opinion is, will be the same.


perhaps you may start thinking about taking the idea and whatever code you''ve got now to a larger development company. obviously profits to you will be smaller, but atleast the game might eventually get out there (with marketing (#Q$(($)

just a thought ....


vort
One thing I do have is a receipt from borders.com for a book on the subject of interest dated January 2000. Might this help me if a case should ever be brought up against me in court?

[edited by - chronos on May 29, 2002 5:18:26 AM]
Anonymous,

It''s true that you can''t copyright an idea, but the thing about sims is that implementations will necessarily resemble one another to some degree. Some kind of protection is desireable, even if only against copyright infringement claims.

As for taking the game to another developer, the problem is that I have no code. The reason is that the game requires the use of a 3D engine, and frankly I''m still struggling with the basics of 3D programming. Left with only a rough design I''m left with no option but to continue on my own and protect myself in any way that I can.
You''re being paranoid. Don''t sweat it.
If I were you I''d just be hoping it isn''t going to involve Hasbro but don''t worry, we''ll stand up for you I don''t know much on law issues but I gather its some sort of competition on who can hire the most expensive lawyer. Best thing to do is finalize the design and get working on it.
quote: Original post by chronos
One thing I do have is a receipt from borders.com for a book on the subject of interest dated January 2000. Might this help me if a case should ever be brought up against me in court?


Nope. If you''re really concerned, best thing is to show what you''ve got so far to a whole bunch of witnesses. In the event you get sued down the line, you can have these people swear our affadavits that you were working independently on the idea.

You cant stop anyone else from making a similar game, but I can see where you could run into trouble if Maxis were to try to unjustly sue you for "copying" their gameplay. About the best protection you could probably have is to make a detailed design document describing all the features and gameplay issues, take a printed copy of this, and have it certified by a notary public (such as placing it in a sealed envelope and having them apply their seal to the envolope and stamping the date on it.

At the very least, this will prove that you didn''t try to copy their idea. But remember that its not about how right you are, but how long you could afford to fight them in court should they try to attack you. Sadly, the best you could probably hope for is to create your game and prey that Maxis just isnt evil enough to try and take you to the cleaners.

That said, other companies have pretty successfully trompled on their Sim territory (theme park, theme hospital, roller coaster tycoon, zoo tycoon, etc)and to the best of my knowledge nobody has ever been given any problems so you would probably be left alone.

On the topic of original sim ideas, yeah I know its pretty difficult to come up with something original. I''ve been trying to think of ideas for what my next game could be. Sim games have interested me, and I was trying to think of original things to sim. Cars came to mind, and then I saw not too long ago somewhere that someone was making a sim car dealer type of game.
Ron FrazierKronos Softwarewww.kronos-software.comMiko & Molly - Taking Puzzle Games to A Whole New Dimension
I''d worry more about finishing and publishing your game than about what may happen if you do. Nobody cares about similarities of game ideas. Quake, Unreal, ring any bells? The only issue is wheter the game contents (graphics,sound,design,etc.) is ripped. Since that won''t be the case, you''re being paranoid for nothing.

Mark
Simple solution; write up the design draft (or document). Put it in a sealed envelope. Mail it to yourself. Problem solved.

The date-stamp on the envelope will prove when the document was sent, and as long as the envelope remains sealed, what you put it is what you''re getting back..

Having said that; I''d worry more about finishing the game (which experience hints fails to happen in 95% of the cases), then of anyone at Maxis taking you to court. While it''s true that lawyers win the day, if you have good evidence, the lawyer will most likely advise their client that they''re unlikely to win this battle, and pull out..

Allan
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