I found the one I was thinking of, Grokster vs U.S. Supreme Court

http://money.cnn.com/2005/06/27/technology/grokster/

This legal precedent effectively makes software developers liable, if the developers include features they know will be used to infringe on copyright laws. While this was specifically related to Music, Film, and other software such as games.. I don’t think it would be hard for a court to find against a game that let you use protected trademarks in your game.

Quote: Original post by bobason456
... I don’t think it would be hard for a court to find against a game that let you use protected trademarks in your game.

That is the key. City of Heroes doesn't allow you (it is forbidden in the EULA) and they activly police the game to ensure you don't.

The point with Grokster was not just that it was possible to distribute copyright material, but that the court felt it was the main purpose of the product and that it encouraged such distribution by doing nothing to prevent it.

[Edited by - Obscure on August 14, 2005 2:55:19 PM]

Quote: Original post by bobason456
I found the one I was thinking of, Grokster vs U.S. Supreme Court

http://money.cnn.com/2005/06/27/technology/grokster/

This legal precedent effectively makes software developers liable, if the developers include features they know will be used to infringe on copyright laws. While this was specifically related to Music, Film, and other software such as games.. I don’t think it would be hard for a court to find against a game that let you use protected trademarks in your game.

First of all trademarks and copyrights are different things, so that ruling doesn't apply to software which could be used to infringe trademarks.

My understanding was that the big problem with Grokster and so on was that in enabled people to *distribute* copyrighted content, which isn't the same as if someone uses a piece of software to duplicate something, but not distribute. For example, CD ripping software is not illegal. Also I don't see Adobe cancelling future releases of Photoshop anytime soon.

The closest analogous problem I can see is not with the game creation tools, but the online aspect of the game, in that the content would be distributed to other people. However, unless people start using the game to download copyrighted content, I would be surprised if anyone was bothered by this. What about other online games - don't most allow you to customise? As yet I haven't heard of a case of a games company being sued.