[Freeciv] Re: it's like a screenplay

["Brandon Van Every" <vanevery@xxxxxxxxxxxxxxxx>]

> I think we all agree on those.

Sure, I'll buy that.  They might hassle you about some of those other
things, particularly the trademark.  But I could care less about the
trademark law for purposes of this arguement.  I just think it's
something Hasbro might get you in hot water over in the real world,
regardless of the legal merits.

> The legal debate hangs on (i) whether the *rules of a game* can be
> copyrighted,

Yep.

> and (ii) whether the rules of FreeCiv in particular are copyrighted.

I'm guessing you meant "whether the rules of Civ II in particular are
copyrighted."  There's no quandry here, anything copyrightable about Civ
II is copyrighted.  Says so in the Civ II: TOT manual on the first
inside page.  (C) 1999 Hasbro Interactive and MicroProse, Inc.

> IANAL, but the research I have done indicates that the rules are not
> copyrightable material.

Rather than address any of your points, I'm going to skip straight to a
query of "Are game rules copyrightable?" on misc.legal.computing.  I
will cite examples of software games, board games, and role playing
games.

> Finally here some more supporting references:
> 17 U.S.C. §102(b) "in no case does copyright protection for an
original
> work of authorship extend to any idea, procedure, process, system,
> method of operation, concept, principle, or discovery, regardless of
the
> form in which it is describe, explained, illustrated or embodied in
such
> work."

The problem is this all depends on your own personal layman's
interpretation of "idea."  Whereas I know that the board game industry
certainly copyrights their products for some reason, and I doubt it's
just for trademark dress.  I seriously doubt you could lift the rules
for AD&D or Advanced Squad Leader, call them your own, and not get sued
for it.  Nor could you lift their combat tables, which is comparable to
lifting Civ II's tech trees.  But again, I'll just ask in
misc.legal.computing.

> Hopefully I have managed to convince a few people to give this issue a
> rest now?

I can't rest until misc.legal.computing has said something intelligent
on the matter.  Sorry.

> At the very least a cease and desist letter would be issued
> before a suit was engaged so at this point we don't need to do
anything
> (and the issuing of such a letter in no way suggests Hasbro feel they
> could win the case).

Heh, start doing something when threatened.  Take maximum advantage of
opportunity in the meantime.  You'd make a good corporate lawyer.  :-)


Cheers,             Infernal Troublemaker                    Troll
Mallor              "By simple mistake, mortals themselves amuse."