Re: RES: Where to put Open Transport Tycoon (openttd)
On 5/16/05, Humberto Massa Guimarães <humberto.massa@almg.gov.br> wrote:
> De: Michael K. Edwards [mailto:m.k.edwards@gmail.com]
>
> > Note that there is no question (IANAL, TINLA) that openttd
> > infringes the copyright on Transport Tycoon in any jurisdiction
> > that recognizes the doctrine of "mise en scene", i. e., pretty
> > much any jurisdiction that has a copyright law. See Micro Star v.
> > FormGen.
>
> I don't recall if 17USC117 makes any mention of it, but functional
> cloning of any program is protected by Brazilian Computer Programs
> Law in art.6, III (''It does not constitute infringement on the
> computer program author's rights: [...] III - the occurrence of a
> program similar to other, preexistent, when the similarity is by
> force of the functional application characteristics _or_ of the
> observance of technical or normative regulations _or_ limitation of
> alternative form for its expression'' -- underlines and terrible
> English translation are mine).
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!
> > In general, Debian should not be distributing game clones, in
> > main, in contrib, or anywhere else. The fact that copyright
> > holders rarely bother to pursue legal action against half-assed
> > clones of obsolete games does not mean that they are legitimate in
> > the eyes of the law.
>
> The mise en scene infringement would only be in the case of the
> maps and scenery of the game, which, in casu, won't be distributed
> by Debian. Anyway, you are quite right that game clones are not
> completely legitimate in principle, exactly because they would
> *normally* come with the infringing sprites, maps, sceneries, etc.
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".
Cheers,
- Michael
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