[casual_games] game copyright

[Lennard Feddersen]

The latest GDC email includes an announcement of a legal roundtable that 
debates the validity of Sega suing Radical over patent infringement, 
here is some copied text:
/
*Session Description*
The panel, comprised of the lead attorneys for Sega and Radical Games 
discuss the factors that went into Sega's decision to sue for 
infringement of its "Crazy Taxi" patent (No. 6,200,138), the defenses 
available to the creators of "The Simpsons Road Rage," the realities of 
patent litigation for both sides, and the controversial role of 
method-of-play patents in the game industry. Using exhibits from the law 
suit, the panalists will debate whether "The Simpsons Road Rage" copies 
key aspects of the "Crazy Taxi" game display methods and, if so, whether 
these display methods are patentable. The panel provides a rare insight 
into the realities facing litigants and the strategies of lawyers in a 
major patent case involving a core method of gameplay.
**
/Apparently their contention is that, because the hold a patent, they 
aren't suing simply over an idea.

This stuff scares the bejezus out of me.  Larger publishers have deep 
enough pockets that they could largely squash indie development simply 
by bringing any lawsuit that wouldn't realistically be defended by 
counter suit for contingency fees.  In years past I have had to go after 
a publisher to recoup royalties due (I won, they went out of 
business...) and I have learned the hard way that the legal system and 
associated costs can readily be used as an offensive business tool in a 
variety of ways.  Here is some language that Sega uses to describe their 
patent:

/"A driving game, wherein players having various driving skills - from 
beginners to those advanced - may enjoy both aspects of amusement and 
simulation in consistency."

/Apparently the real patent is obscure enough for only lawyers to debate 
the true meaning.  I know the casual space is crawling with connect 3 
and breakout clones (amusingly often referred to as Arkanoid clones) but 
better that than the industry getting mired in lawsuits. 

I've searched the net and couldn't see if this case had yet been 
resolved - does anyone know if this one got worked out and how it went?

Happy game makin'

Lennard Feddersen
CEO, Rusty Axe Games, Inc.
www.RustyAxe.com

Lennard at RustyAxe.com
P. 250-635-7623 F. 1-309-422-2466
3521 Dogwood, Terrace, BC, Canada, V8G-4Y7



Allan Simonsen wrote:

>>From a legal point of view, what's dubious is when the
>consumer becomes confused because of similarities in
>name, graphics, branding and gameplay. E-Scrabble
>would probably have survived unscathed if it had been
>called "Word-Smith" or something that didn't include
>the world Scrabble.
>
>If you ever end up buying Anti-Monopoly for your kids
>(in the misbeggotten belief that it'll be the same
>good fun as the original), the rationale behind this
>becomes clear.
>
>
>Allan
>
>--- Robert Headley <Rheadley at op-games.com> wrote:
>  
>
>>I think the only thing you really need to worry
>>about, is identical clones
>>that may be confused for the real mccoy.
>>    
>>
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>Allan Simonsen                    simonsen at rocketmail.com
>ICQ# 16606984
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