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Re: [Nel] Game Rules


From: Dave Turner
Subject: Re: [Nel] Game Rules
Date: Mon, 02 Jul 2001 11:42:42 -0400

address@hidden wrote:
> 
> Mensaje citado por: John Cosby <address@hidden>:
> 
> > I've been observing for a bit, and feel a need to jump in here.
> >
> > In many jurisdictions (America and England that I know of), the rules of
> > a
> > game cannot be copyrighted.  Specific presentation, game boards, pieces,
> > etc. may by trademarked and copyrighted, but the rules that define
> > gameplay
> > cannot.
> 
> I am not a lawer... But you say "the rules of a game cannot be copyrighted."
> Let's suppose that my computer is a game, k?
> So my programs are the rule to play/use the game... so following that logic,
> they can't be copyright, so all that EULA as just shit :)
> 
> I have heard that what you can copyright is the style of play, for example you
> can copy right D&D, you can copyright the Critical Hit table, but you can't 
> copy
> right the method of throwing a dice to resolve action. :)
> 
> Anyway, with all that shit about patents, i think that you will be able to
> patent it to. :-(

You can patent a game rule set:

http://164.195.100.11/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm&r=1&f=G&l=50&s1='5,641,166'.WKU.&OS=PN/5,641,166&RS=PN/5,641,166
http://164.195.100.11/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=/netahtml/search-bool.html&r=2&f=G&l=50&co1=AND&d=ft00&s1='board+game'&OS="board+game"&RS="board+game"

You can also copyright the precise look of a critical hit table, and the
wording of the hits, and the arrangement of them, but not the
information therein. If the arrangement is the only logical one or
otherwise doesn't involve creativity, then it is not copyrightable (see
ALEXANDRIA DRAFTING CO V. FRANKLIN MAPS at
http://www.paed.uscourts.gov/documents/opinions/97D0773P.HTM).

In short, creative stuff (even slightly creative) is copyrightable. 
Processes, etc. are patentable.  So, the code to implement critical hits
is copyrightable, but if someone reverse engineers and reimplements it,
the author has no recourse.


Disclaimer: IANAL.  But I know more about copyright, patent, and
trademark law than both of my parents put together.  And they are
lawyers :)

-- 
-[Dave Turner                              Stalk me:  (215)-545-2859]
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Every day I dream that I'll log on to the channel or walk down the
street or get a phone call and you'll be there.  We miss you, Pug.


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