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Clones Wars: Video Game Litigation Illustrated

78 点作者 teachingaway超过 10 年前

6 条评论

tikhonj超过 10 年前
It&#x27;s interesting to see the reasoning for each case, but it still strikes me as fundamentally arbitrary. The problem, of course, is that the rulings themselves are trying to capture a fundamentally arbitrary underlying idea: &quot;does this rip that off?&quot;. If you asked 100 people, you&#x27;d get 100 lines drawn in different places.<p>Given that, the logic seems to do a good job most of the time. But, at its heart, its a silly question to ask. This quote really throws it into sharp relief (although I&#x27;m sure the full decision had more supporting detail):<p>&gt; <i>In Triple Town, the antagonist is a bear. In Yeti Town, the antagonist is a yeti… bears and yetis are both wild creatures.</i><p>Well.<p>To me, it just goes to show how very important ideas, perhaps core to our society, can be very poorly defined once you take a close look. That&#x27;s at least a bit disturbing!
Zarkonnen超过 10 年前
I have to say I&#x27;m actually pretty impressed at how much understanding of computer games these rulings show.
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__david__超过 10 年前
&gt; <i>“Puck Man”, an identical clone of Pac-Man, was copyright infringement in Midway v. Artic (1983). Was “Puck Man” seriously the most original name they could come up with?</i><p>It&#x27;s well known that the original Japanese name for the game was Puck-Man, and that Bally&#x2F;Midway changed it for American audiences (the &quot;P&quot; in Puck was just begging for vandalism). So, it&#x27;s even worse than inventing a bad name—they just plagiarized the original name…
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teachingaway超过 10 年前
Frogger Clones: Road Frog, Froggy, Anirog Frogrun, Hoppit, Leapfrod, Road Frog, Road Toad…<p>Donkey Kong Clones: Killer Kong, Krazy Kong, Crazy Kong, Kong, Wally Kong...<p>I love this stuff.
sehugg超过 10 年前
One more: 2000, Hasbro Interactive vs. anyone who ever made anything remotely similar to the Atari titles they had just purchased (AFAIK it didn&#x27;t go anywhere):<p><a href="http://www.ign.com/articles/2000/02/08/hasbro-interactive-sues-for-atari-clones" rel="nofollow">http:&#x2F;&#x2F;www.ign.com&#x2F;articles&#x2F;2000&#x2F;02&#x2F;08&#x2F;hasbro-interactive-su...</a>
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deciplex超过 10 年前
&gt;<i>Video game copyright cases turn on whether the clone copied “functional” elements (tolerated) or “creative” elements (verboten).</i><p>Yeah, this quote from the conclusion is <i>not at all</i> what I took from it.<p>I strongly suspect that, for the most part, the judges here decide based on &#x27;gut feeling&#x27; whether a title infringes or not, and then look for justification after the fact.<p>It also probably matters how litigious the plaintiff is: The Tetris Company is legendary in that regard. I mean, a 10x20 game board is infringing? And how else are you going to arrange four blocks, other than what is already done in Tetris?<p>I guess if copyright didn&#x27;t extend effectively forever I would have less of a problem with it, but the idea that a single legal entity is going to own all these ideas when my grandchildren are having children, strikes me as - to put it lightly - <i>very bad</i> for the notion of cultural progress.
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