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Re: Remakes of older games

On Tue, 15 May 2007 19:44:41 +0200 Miriam Ruiz wrote:

> Hi,
> I want to package some games who happen to be remakes of older 8-bit
> games:
> http://www.masoftware.es/
> I've already talked to upstream and they're licensing them under GPL,
> so no problem about the license.

Well, it must be seen *if* upstream actually have the right to license
them under the GNU GPL...

> There are also other programs and
> games  in the repository which are more or less versions of older or
> newer games, but I'm not so sure about remakes. I just want to make
> sure, will there be any problem about that?

It depends on what you mean by "remake".

If the "remake" is an independent reimplementation of the basic idea of
another game (similar game mechanics, similar rules, similar game goals,
and the like), then I think the "remake" is entirely copyrighted by its
author(s): no problems here.

If the "remake" copies copyrighted elements from the other game
(characters, story/plot, dialogs, or, worse, graphics/sounds), then I
think the "remake" is actually a derivative work of the original game
and its author(s) need(s) permission from the original game copyright
holder(s) in order to license the "remake" in some way or another.

The usual disclaimer: IANAL, corrections from more knowledgeable people
always welcome.

> PS: please CC me, I'm not subscribed to the list


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