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Old 12-14-2011, 02:57 PM   #1 (permalink)
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Default Game rights

Hey everyone I'm new to the app development, but I am very intrigued by it. I have a great idea for an app but I'm unsure if I will be legally allowed to create it. I would like to create a card game app based off of the actual card game. It is kind of comparable to me creating an UNO app for the card game but using all the graphics, name, and so on...I was wondering if anyone knows if I have to have authorization from the people who reserve the rights to the card game or if anyone can have the rights to a card game that has many different versions named completely different? This might not be explained perfectly so I will definitely try to clear anything up for everyone to understand what I'm trying to say.
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Old 12-14-2011, 03:31 PM   #2 (permalink)
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Only a lawyer who researches the copyright issues for the specific game can give you a definite answer. In general, you can't copy the name or graphics at all, and you might even get in trouble copying the rules of the game. But there are too many variables to know for sure.
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Old 12-15-2011, 03:31 AM   #3 (permalink)
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Well a card game is difficult. Who for example owns the rights to Texas Hold'em? I would say no-one as its not something i see as being own able by an individual - how would you prove that it was your idea and the other person didn't come up with the same thing without any input or knowledge that someone the other side of the world has done the same thing?

In general from what i see on the app store from any type of game its as simple as making enough changes to be different. someone posted the other day in the shameless advertising section about their game iZumas. And after having a little look at it it is just Zuma with different skins, levels and object names. The premiss of the game however is identical to Zuma (had it on my xbox before the iPhone even came out) Then there are all the Majhong, solitaire, free cell etc etc that are available.

I am no legal expert, and as such can't give you sound and accurate legal advice. But my suggestions would be to name it differently, change as many skins (graphics) as you can and see if you can alter the rules slightly, or add in a few other "bonus" games. For example have Solitaire MK3 as the main game - solitaire with a few twists, then have an option in the menu's to play original solitaire.

I guess at the end of the day it would come down to who owns the rights to the game you are trying to develop and how much they think it is worth trying to take you down.
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Old 12-17-2011, 08:48 PM   #4 (permalink)
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Some game ideas are patented, if unique enough (example the pokemon trading virus is patented). Card games and board games are generally patented. Don't quote me on this though. I've done some research of my own about game ideas and they usually can't be patented, but I've been reading it different for board games and card games as you can pretty much make it very unique.

There are also unique cases for patents, for example EA/Fox got sued for copying an arrow pointer in the Simpsons Road rage game from another game from Namco if I recall correctly.

It would be best to talk to a patent lawyer and or do some gruelling research of your own by looking at patents owned by these companies.

It's safe to say though that a complete clone of a card game will get you in trouble especially if the app becomes big.

For copyright issues, copyright protects trademark, graphics etc only. So unless you're stealing or copying the exact 'look and feel' of copyrighted works you're fine.
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Old 12-22-2011, 06:17 PM   #5 (permalink)
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usually if it is based on an actual card game, there is a high possibility that it could get you into legal trouble ~
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Old 12-23-2011, 09:25 PM   #6 (permalink)
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It's more complicated in Apple world. In general Apple encourage you to steal. They totally support the modo: good artists copy, great artists steal. With one exception - your game have to be better than original you inspired by. Another thing you should understand: Apple is an one and only judge and their judgment is final. So if you make another clone of Angry Birds and manage to make it better than original Apple will approve and supports you and original Birds can bombard Apple with copyright claims, they will be ignored. There are thousands of clones of this game, actually, but none of them as good as original.
On the other hand: if your game will be just a clone and owners of original post any complains Apple side with them and removes your app from a store. If your will be better and side to Apple modo to provide a better experience then Apple just ignore them.
The whole idea here is: even courts order doesn't works for Apple if the disagree with it. They own the iOS world and no laws except Apple laws govern it.
Let me put it in layman term: let say you develop a better clone of Tetris and Apple loves it and promotes it. Then original owners of Tetris get a court order for Apple to remove it because of copyright infringement. Apples will support you and fight with them. They have enough resources to ignore any courts.
If someone report that you used copyrighted image without permission then Apple remove your app and probably ban you.
So, good luck! Just make sure your game is better!
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