I'm thinking about making an open source, online Yu-Gi-Oh video game. I want this game to take care of drawing cards, calculating damage, etc for you. Since there's over 4,000 cards, it's probably best to make the API open source so if someone wants a card in their deck, but it's not implemented, they can just create it themselves. Enough about that, I want to talk about the legal issues concerning this game. As long as this game doesn't use the title Yu-Gi-Oh, doesn't use the pictures on the cards, uses the exact text on the cards, or is sold I shouldn't be in any legal situations with Konami or anyone involved in the Yu-Gi-Oh franchise, correct? Any input on the do's and do not's concerning this game will be appreciated.

If you are making a generic card game, then you are fine.

The closer you get to Yu-Gi-Oh (or other games), the more likely you are to face a lawsuit. Even if you are technically within the law, nothing prevents Konami or others from suing you. Can you afford it?

If you are concerned about the legal issues, you need to talk to a real lawyer who can explain the risks and costs to you.

So do you think I will be any safer if I create a generic card game API and establish a gaming community around that?

If someone creates a Yu-Gi-Oh, Magic: The Gathering, etc. around that API, everybody should be a lot safer, assuming they obey all copyright laws?

Quote: Original post by Drunken_Monkey
If someone creates a Yu-Gi-Oh, Magic: The Gathering, etc. around that API, everybody should be a lot safer, assuming they obey all copyright laws?

The only way to "obey all copyright laws" would be to not create one of those games at all.

Also, whether you sell your game or not is irrelevent to whether you're infringing copyright.

But, I guess, as long as you don't use the name "Yu-Gi-Oh", the pictures or text from the cards, I don't see why you'd have anything to worry about.

You can't copyright a game mechanic so you should be in the clear if you avoid copying pictures/writing/names. Whether or not Konami agrees that you are in the clear is another issue.

Honestly though, you could just write the API and release the yu-gi-oh ripoff pack anonymously. If you get a cease and desist then you just, well, cease and desist. If it's non-profit from the start you don't have much to lose. (note that something being non-profit does not make it okay to infringe copyright. It just means it's easier to walk away from).

Quote: Original post by LockePick
(note that something being non-profit does not make it okay to infringe copyright. It just means it's easier to walk away from).

Not at all. The company can still come after you with lawsuits for violating their IP rights. Being non-profit does not absolve you of anything. Even trying to set up a "corporate veil" to protect yourself can be a problem if it is just a single person working on the project.

If you create a generic game that has nothing to do with the other card games, you should be fine. Even better, come up with a unique game on your own so you don't have to worry about the issue.

If you want to copy anything about another game, you absolutely need to talk to an IP lawyer familiar with games. Some things are fine to take, other things are risky to take, and still others are legally forbidden. A lawyer will be able to explain those detail in depth.

Let's not go crazy here. You are asking about implementing a generic card game with no reference to Yu-Gi-Oh, it's characters, pictures, story line, etc.

You are going to be fine.

Alot of non-video game companies not only copyright and trademark their ideas but also patent them! See the wiki for Magic the Gathering ..

http://en.wikipedia.org/wiki/Magic_the_gathering

Yes that's right, they not only patent the concept of a card game but also the rules of their card game and any possible combination of their of ( how they specified the geometric explosion of possible rule sets is beyond me ). They sued Nintendo and settled out of court.

Yeah you can basically patent almost anything in America (as long as you have the money).

Good Luck!

-ddn

Quote: Original post by LockePick
You can't copyright a game mechanic

No, but you might be able to patent it.