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Opinion on avoiding Copyright and Trademark infringement.



I'm a project admin for MegaMek[1], a SourceForge project that allows
players to play BattleTech[2] (a popular boardgame whose IP is owned by
WizKids LLC.[3]) online.  The code is written in Java, and the GNU
Classpath community is rapidly approaching completion of the APIs that
the project uses.  It has been a dream of mine to package this project
for distribution with Debian for over two years, and it is now
*technically* feasible.

The problem lies in the realm of Copyright and Trademark.

I'm fairly confident that my project does not infringe on the copyrights
of the boardgame authors, given my reading of the US code[4], "The idea
for a game is not protected by copyright.  The same is true of the name
or title given to the game and of the method or methods of playing it."
I think that one would be hard-pressed to claim that we've copied the
*expression* of the rules in our code.  Still, the project has always
said that it attempts to *implement* the rules of the game, so I'd
appreciate d-l's opinion on this matter.

The *real* problem is the use of registered trademarks from the game.
The most common unit type in the game is called a "BattleMech" (often
shortened to "'Mech" or "Mech"), which is a registered trademark.  This
term is used throughout the project's code.  Similarly, we have classes
named "MechWarrior" and "Protomech" which are also registered
trademarks.  I would be surprised indeed if this code can be distributed
by Debian.  

Is it possible, however, to change the code to use alternate terms
(euphamisms, if you will) that are *not* trademarks?  If I change the
project from MegaMek (which is a rather paltry attempt to avoid
trademark infringement) to MegaBot, and refer to "MegaBots", "Bot
Pilots", and "MiniBots" in the code, could Debian distribute the
modified code?  Do I need to also change the names of all the weapon
systems and equipment used by units to avoid using terms closely
associated with the game?  For example, "SRM6" and "PPC" are game terms
for a six tube short range missle system and a particle projection
cannon, respectively, but the terms *themselves* are closely associated
with the original boardgame.

As I said before, it's been a dream of mine to package this project for
Debian for two years.  That dream would turn into a nightmare if my
package were included in Etch release, and then WizKids issued a Cease &
Desist was then issued to prevent infringing their Copyrights or
Trademarks.  Is the risk simply too great?  Is there no conceivable way
of avoiding infringement (or the *appearance* of infringement)?  I've
subscribed to this list, so I'll follow any discussion that you may
have.  Please let me know if you have any questions about my issue, my
project, the original game, or my proposals to avoid infringement.

Thank you all for your time.

[1] http://megamek.sourceforge.net/
[2] http://www.classicbattletech.com/
[3] http://www.wizkidsgames.com/
[4] http://www.copyright.gov/fls/fl108.html

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