Quote: Original post by 3dmodelerguy
I think that is too gerenal to be used. I mean if want you say is right then basically all RTS games( starcraft, warcraft, AOE, AOM, Command and Conquer ) are all basically the same game. i mean have as you say "similarities:

Gather resources
build builds
build units
etc...

You are right because ideas can't be protected but the actual implementation of an idea (code, graphics, sound) can be. The idea for Dune II is Gather resources, build builds, build units, etc. To implement this the team wrote code, drew graphics etc. Those things are protected. You can't copy those graphics or use that code without infringing the developers copyright. But if you do your own graphics (orcs instead of soldiers, ogres instead of tanks) and write your own code, then you are ok.

People doing clones run into trouble because although they write the code from scratch they copy the graphics or the level design (copyright) or use a character or title that a trademark.

Lastly there is "passing off". If you produce something that is not the same as, but is similar to, the original then the owner might try to claim that you were passing off your product as theirs - in essence trying to trick customers into thinking that your biscuit, soup, car, game or whatever is actually the famous one it looks similar to. Passing off is hard to prove but that isn't really a good thing for someone seeking to make a clone because it is also very expensive to go to court and defend such a claim. While the prosecution is busy trying to prove their case you lawyer is calculating how many new cars and trips to Bali he can buy with your fee. That is why you should stay away from clones.