[Freeciv-Dev] Re: copyright infringement

[Stan Shebs <shebs@xxxxxxxxxxxxxxxxx>]

SamBC wrote:
> 
> > -----Original Message-----
> > From: Stan Shebs
> >
> > If it were that simple, then it wouldn't be possible for the Tolkien
> > Estate to license LotR characters and settings to some game makers
> > and forbid others to use them in games.  This can get really fine-grained,
> > for instance Silmarillion characters are not so restricted.
> 
> Characters are different - they have names for starters. There would be
> nothing stopping someone from having a character in a game called Gendilf,
> for example, who was to all intents and purposes almost identical to
> Gandalf.

That's *exactly* what the Tolkien Estate can and will stop you from
doing (assuming they thought it was worth the expense).  Exceptions
are made for "fair use" (which exclude public distributions) or parodies.

In the Freeciv case, a generic unit like "armor" does not pose an issue,
but something unique to Civ like "Adam Smith's Trading Company" would
definitely be cited as evidence that Freeciv was derivative rather than
original.  Micropose folks spent months tuning the tech tree, and some
of the relationships are apparently set up to make the game flow better
rather than because of natural laws or the historical record (why does the
invention of the automobile enable the construction of battleships, and
what do railroads have to do with Darwin's voyage?) so there's clearly
copyrightable expression involved there as well.

Note that a derivative work doesn't have to be identical or even similar,
there just has to be evidence that somebody started from the copyrightable
work and transformed it.  Freeciv's lists of units, improvements, wonders,
etc are nearly identical to those in Civ2, and there is a public record of
developers stating that they did so intentionally, so I have little doubt
that any court would declare this to be copyright infringement.

Also note that any signatory to the Bern Convention is obligated to
honor the copyright laws of other signatories, and I believe all or
nearly all of the Freeciv developers are citizens of signatory countries,
so that doesn't get anybody off the hook.

Stan