Hello everyone. I really enjoyed playing this Flash Game I found the other day and decided to create a clone of it in Microsoft XNA. The game is called Pipsoh and can be found here: http://www.miniclip.com/games/pipsoh/en/ Basically it is a Yahtzee clone (the scoreboard is three times the size of the original). I intend to submit the game in the XBOX Live Community Games. So what I want to know is if this is legal? Thank you. Regards, pek

http://www.sloperama.com/advice/faq61.htm

So, according to question 5:

5. What if the only thing I want to borrow is the gameplay - say, the idea of jumping on things and collecting coins?
Fine. Don't worry about it.

5½. So I can make a Mario game as long as it doesn't have Mario in it or have "Mario" in the title?
No. You also can't use the Mario music or sound effects, and you can't use any of the other Mario characters (you know, the ones who aren't Mario himself), and you shouldn't simply copy the Mario gameplay exactly.

I don't have to worry about this. Because the gameplay is the only thing I want to copy. Title, Graphics, Music etc. will all be my (or a friends) work.

From question 8 and assuming "NO!!! PROBLEM!!!" = "No, there is no problem" and not "NO!!! (There is a) PROBLEM!!!" I can also sell it:

8. Now that it's done and on my website, and all my website visitors have seen it and they all love it to death, I want to sell it and make a little of my investment back.
NO!! PROBLEM!!

Good?

The phrase "NO!!! Problem!!! does NOT mean "there is no problem".
It means there is a problem.

So this means that I have two choices:

A) Don't sell it, just publish it as a free game

B) Talk with the owners and make an agreement

Correct?

Quote: Original post by pek
So this means that I have two choices:

A) Don't sell it, just publish it as a free game

B) Talk with the owners and make an agreement

Correct?

No, wrong.
Only option B is possible.
If you give the game away for free (or sell it) that is breach of copyright. Copyright law prevents copying or distribution - it doesn't matter if it is for money or free. You can't copy or distribute without the copyright owners permission.

You may not understand just how big of a problem it is.

"Problem!!!" with three exclamation points is putting it mildly.




Copyright covers the rights to make derivative works, such as clones. It may be covered under civil copyright violations (huge fines) or criminal copyright violations (prison time).

It is also covered under trademark infringement, trademark dilution, trade dress infringement, unlawful competition, trade secret violations, and violation of the terms of service and software license agerements for reverse engineering. I'm quite certain there are many more.



Your statement that it is a clone puts you at risk from Miniclip.com and Splashworks. Miniclip probably won't care, but Splashworks will.

You are right that it looks like a Yahtzee clone, and Hasbro owns Yahtzee. So Hasbro can charge you for many things.

Electronic Arts has exclusive publising agreements with Hasbro, so expect a legal C&D notice or takedown demands from them as well.

Microsoft's XBox Live Community has strict terms of use. Uploading it may be a violation of their terms, so expect them to shut you down and possibly cancel your account.

Microsoft's license with the site also has an indemnification clause, so they could send you a very large legal bill if they choose.

And if it meets the criminal standards for copyright or IP infringement you could be meeting with some people from Interpol or your state police.




So yes, you might be completely within your rights to publish it. You might be overlooked completely. But you also might be violating the rights of (at least) five international corporations and also possibly be facing multiple criminal charges.

Only the courts can rule on those for certain, and based on your post you cannot afford to fight that many legal battles.