Hi, I have been developing an online-only MMORPG with a friend for over 2 years now. (A mistake... i know!) We recently had a disagreement, and as he is in charge of the programming side, and has all of the resources (e.g, server, code, files, artwork, etc)he has now decided to 'cut me out' of the game and continue working alone. ALL of the game concept was mine, and I have not only given him masses of word docuuments with ideas/features, etc, but actually worked on most of the logic and algorithms (on paper). He then took these, coded them, sometimes suggested changes, and finalised the code. Obviously, I don't want him using all of my hard-earned ideas, so the question is, what rights do i have over the copyright of the concept/ideas, etc? Also, if he goes on to use my ideas (albeit modified in some cases) what action should I take? Finally, just to complicate things further, he is in Australia and I am in the UK!

Bear in mind I'm not a lawyer, so I might get some details wrong, and things get a bit complex when other countries are involved.

I'm assuming that you don't have any form of written agreement between you and your (possibly ex-)friend about who owns the copyright for what. If that's the case, then the copyright should still belong to the original author. Ideas and algorithms are probably not covered by copyright and might be hard to claim - as long as your friend doesn't copy your words exactly. However anything else you might have contributed; artwork, documentation, programming, scripting etc. does fall under copyright and cannot be used without your permission.

This is why if you work in a team it's always a good idea to have some sort of written agreement for what happens if there's a falling out, as otherwise the IP issues get very hairy indeed.

Quote: Original post by JonnyB
Obviously, I don't want him using all of my hard-earned ideas, so the question is, what rights do i have over the copyright of the concept/ideas, etc?

None is the simple answer. Concepts/ideas are not covered by copyright - only the expression of those ideas in a fixed form. What that means is that any documents you created would be protected (but that isn't of much value). Any game art you created, and scripting or other actual assets that will be used in the game. His code, even if it is based on ideas you suggested would be his copyright (because the ideas aren't protected).

The only ways to protect your ideas are:
a) Not tell them to anyone
b) Only tell them to people who have signed a contract (either an NDA which prevents them divulging them or a contract which guarantees each parties rights/ownership of the final product).

Before starting you should have signed an agreement defining who owns the game and who gets what. As you have not done that he owns all his work. The only solution would be to go to court and try to prove that an agreement over ownership existed. This would be very hard unless written proof exists and would also be very expensive.

Your early games are often a learning experience. In this case what you learned is to sort out ownership and other legal issues before you start.

Thank you for the in-depth answer Dan.

I guess the point is that I have also contributed many material documents with how the game will work, (albeit Word docs) and constructed the logic behind the programming (also passed on in world docs).

Does this make any difference?

Thanks.

Quote: Original post by JonnyB
Thank you for the in-depth answer Dan.

I guess the point is that I have also contributed many material documents with how the game will work, (albeit Word docs) and constructed the logic behind the programming (also passed on in world docs).

Does this make any difference?

The (not so) short answer is no. You own the copyright in those documents but that is worthless in this case because they are not the thing of value - the ideas are and they are not protected by copyright, trademarks or patents. All it means is that he can't write the same document. Unfortunately copyright doesn't protect the concepts/ideas described in the document, only the actual document. You don't own the knowledge in his head even though you originated it, because you gave it to him without placing any prior legal restrictions on his use of it.

The expensive answer is that a good IP lawyer might review all the communications between you and use that to argue that the clear intent of both parties was to work together and that as such a contract exists in regard to ownership. However that could only be done in court and would cost many tens of thousands of dollars.

Your only real recourse is to beat him in the marketplace. Take your ideas that he has and bring them up a notch, think of this as if you and he created version 1 of a product, and now you are determined to improve that product enough in version 2 that all will clearly see the reason why version 2 (your version) is superior.

Also, if you created any design docs and scketches, diagrams, etc ... can attempt to demand that he return or delete all copies of such documents, or if he chooses to keep them, then demand he surrended to you a copy of any and all work which he also has done during the period of time for which you two had a partnership. It was clear that there did exist a partnership between you at some point, the only things the court would need to do is define exactly what the extent of the undefined agreement was. But they would clearly rule that some such arangement existed - and the most common result of such matters is either A) each party gets what they personally worked primarily, and significantly shared work is coowned by all parties, or B) each party receives coownership of all things brought into the partnership or created during it. For physical assets the rules are easy, the judge almost always demands that the assests be sold and the value split according to some ratio the court feel appropriate (often 1 party is allowed to buy the asset by paying the other their share). For assests whose value is less determinable, the courts are inconsistent in their judgements, ranging from a no-value assesment, to a sell-as-is and split proceeds (usually almost no money is made in such cases), to awarding stake in future proceeds from the asset (like movie rights).

I would strongly consider just walking away though, as bogging down in such issues will likely result in little or no gain, and lots of time lost.