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Rpg systems Implementation legality

Started by March 14, 2004 09:21 PM
7 comments, last by Kwizatz 20 years, 8 months ago
I am wondering what''s the legality involved into implementing an RPG system into a computer game, can I implement GURPS as long as I don''t use its logos and trademarks? or would that still get me into trouble? what should I be aware of? I didn''t know Fallout used the GURPS system until really recently, it seems that before the original Fallout release, there was a lot of buzz about it being a GURPS implementation, I think it was even refered to as "Fallout GURPS", but then there was no more mention of the GURPS system in it, or was it? On the other hand, Neverwinter Nights has "Dungeons and Dragons" all over the place, obviously they do have a license for it, but didnt Fallout had one for GURPS? what happened? Aeon Games
Fallout did not use GURPS, though at one point it was planned (and it was licensed). However, contractual disputes between Interplay and SJ Games caused GURPS to be dropped from Fallout, and instead Fallout used the home-brewed SPECIAL system, which was later recycled in a couple other titles.

As for legality, I am not a lawyer, but I''m pretty certain that it would be not happy for you to use the GURPS system without permission even if you tried filing off the serial numbers or what not.
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Well, thats good to know about Fallout, I was reading the GURPS Lite pdf and it sounded a lot like Fallout.

It makes sence that you would need some sort of permision, but I really don''t know, and the threads I found dealing with the subject are a bit too permisive (IE they say x system is better than Y or people recomend using Z system rules, etc.) the legality is usually not discussed.

I think since D20 is "Open Licensed", anyone should be able to just use the system on a computer game (but then maybe not), I kind of like the Fallout system over NWN though, what are the limitations on the SPECIAL system?
Ok, from my knowledge of this, you can actually use whoever''s rules you like. What you can''t do, is use their trademark to promote it, or use any of their copyrighted material in your game such as monster descriptions.

Note that the WotC D20 license only gives you the right to "use the d20 System trademark logos, the d20 System trademark, and certain other trademarks and copyrights owned by Wizards of the Coast". This is all they can explicitly allow because you are already implicitly allowed to use mechanics by default.

Remember there''s a clear difference between the system implied by what is written in the rulebook, and the actual text in that rulebook. You can use the former, not the latter. Also check the small print to see if some system-specific terms are trademarked.

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Even if the actual rule set is not copyrightable, the creators could still drag you into court, and make you hire a lawyer, ect. You''d win, but it would be a drain on you and your resources.
Kylotan:

>Ok, from my knowledge of this, you can actually use whoever''s >rules you like.

Do you know where we can check this?
"I am a pitbull on the pantleg of opportunity."George W. Bush
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quote: Original post by Kylotan
Note that the WotC D20 license only gives you the right to "use the d20 System trademark logos, the d20 System trademark, and certain other trademarks and copyrights owned by Wizards of the Coast". This is all they can explicitly allow because you are already implicitly allowed to use mechanics by default.


There is a bunch of exclusions in the d20 license that specifically disallow using the mechanics to make any decisions in software based products, and there was something else about character creation.

AFAIK, they have a seperate exclusive license with Hasbro, or some division thereof for all electronic gaming. It''s all in the license files at the d20 site.

Just because a license excludes certain usages, doesn''t mean that you aren''t allowed to perform such usage without accepting the license. In other words, the d20 license saying "you can''t use our mechanics in a game" just means "the d20 license cannot be applied to your games".

Rules mechanics are not covered by copyright.
Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

ie. The D+D rulesbooks and the terms within are covered. The mental model of how the numbers apply are not.

Rules mechanics are probably not patentable.
"Any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof" may be patented. The invention must therefore be at least "new" (i.e., novel) and "useful". (35 U.S.C. Section 101)." It''s debatable whether game rules count as a process, or if they are useful. Either way, if they had been successfully patented, I think we''d know by now. (It would be plastered across the WotC pages, if nothing else.)

Games mechanics cannot be trademarked.
"A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name." The terms ''D+D'' and ''Dungeons and Dragons'' are almost certainly trademarks. Some other specific terms like THAC0 might possibly be. But entire rulesets cannot be. You can probably get a list of applicable trademarks from the first page of an RPG rulebook.

Therefore, your 3 major intellectual property laws don''t cover roleplaying rules systems.

NB; in countries like the US which aren''t quite so fair on successful defendants, Onemind''s point is valid and should be taken into account.


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The mechanics of collectible card games is patented (by WotC), so novel game mechanics can in fact be patented. All new CCGs must license this technology from WotC.

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