[Freeciv] Re: software license violation

[Jules Bean <jules@xxxxxxxxxxxxxxx>]

On Thu, Jul 20, 2000 at 03:18:55PM +0100, Jules Bean wrote:
> [Brandon said:] 
> > Clearly, Freeciv is a derivative work.
> 
> I think that's far from clear.

[snip]

> 
> > You verbatim cloned the gameplay
> 
> My feeling is that 'gameplay' is too ethereal to be copyrightable.
> Freeciv gameplay isn't the same as Civ II, although when operating in
> compatible mode it is very similar.  But not all the rules are the
> same, (since we don't /know/ what all the Civ II rules are, we guess
> rules which seem to give qualitatively similar results). However, I
> will ask an IP lawyer about this point.

Ok.  An informal response.

The person I've spoken to /is/ in IP law, but not for a games company,
so this is rather different from what he's used to.  Of course, the
following is not legal advice, but rather some information.

In general, copyright disputes in the software industry are about
source code.  Source code is concrete, and it would be very easy to
prove that we haven't used any of microprose's source code.  (AFAIK,
none of the freeciv developers have even *seen* it).

So the question is, could the 'rules' of freeciv be considered
copyrightable? In principle, they probably could. However, our
position is strengthened by the fact that the rules aren't written
down in one big two-page document (rule 47... rule 53...) which we've
copied.  Instead, we've observed the game, read the manual, inferred
the rules, and produced something with similar logic.  There will
undoubtedly be places where the internal logic of freeciv differs
significantly from that of the commercial software, although the
results are similar.

This is probably all OK.  When I have a chance, I'll have a more
detailed discussion with him about the tech tree and unit names, etc.

My personal feeling is that there is a substantial precedent for what
we are doing.  I think it is analagous to creating a 'clean-room'
library to meet a published API (which is known to be legal). I also
feel that there is substantial precedent in the commercial gaming
market -- look at all the games out there which are basically direct
clones of each other rules-wise, but with new graphics and a few
enhancements.

I agree with the general opinion that freeciv's position will be even
stronger when all traces of the Civ II game rules are isolated in a
ruleset.

Jules

-- 
Jules Bean                          |        Any sufficiently advanced 
jules@xxxxxxxxxx                    |  technology is indistinguishable
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