Re: Where to put Open Transport Tycoon (openttd)
De: Michael K. Edwards [mailto:m.k.edwards@gmail.com]
>
> The issue isn't functional cloning. It's the fact that a video
> game is a "literary work" in the sense of having characters,
> settings, plot lines, etc., and therefore can be infringed in the
> non-literal sense of Micro Star v. FormGen -- even by a new
> scenario written for the existing game engine!
It seems (IMHO) that the issue here *is* functional cloning. The
characters, the whole "mise en scene" of the game is in the *data*
files. The game executable would function like a video player,
presenting the data in the data files and interacting with the user.
And *this* is exactly what is protected by art.6,III.
>
> I think you'll find, on review, that even the deliberate intent of
> evoking the original is enough to create an infringing derivative
> work. When I get a moment, I'll find the litigation associated
> with "The Wind Done Gone".
Just to reassert my point, with the data I have at the moment, I
don't believe that the game executable does this more than mplayer
evokes the content of copyrighted works. After all, if you want to
play the game legally, you must have a legally-acquired copy of the
original game to supply the artwork.
>
> Cheers,
> - Michael
--
HTH,
Massa
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