Path: utzoo!utgpu!news-server.csri.toronto.edu!mailrus!uunet!zephyr.ens.tek.com!orca.wv.tek.com!pogo!bluneski
From: bluneski@pogo.WV.TEK.COM (Bob Luneski)
Newsgroups: comp.sys.amiga
Subject: Re: Disk recall notice
Message-ID: <9191@pogo.WV.TEK.COM>
Date: 7 Jun 90 21:35:16 GMT
References: <113@fishpond.UUCP> <1990Jun6.224027.13036@cbnewsm.att.com> <4158@darkstar.ucsc.edu>
Reply-To: bluneski@pogo.WV.TEK.COM (Bob Luneski)
Distribution: usa
Organization: Tektronix, Inc., Wilsonville,  OR.
Lines: 43

In article <4158@darkstar.ucsc.edu> terry@helios.ucsc.edu (Terry Ricketts) writes:
>In article <1990Jun6.224027.13036@cbnewsm.att.com> nsw@cbnewsm.att.com (Neil Weinstock) writes:
>>  (stuff deleted)
>>Sorry, but this seemed like flagrant BS to me, quite apart from the 
>>questionable issue of whether Spectrum Holobyte has the right to squash tetris
>>clones...
>
>    It is too late now to stuff this cat into the bag. The PD versions of
>Tetris have been out too long and spread too far. The most Spectrum Holobyte
>can do is preasure people like Fred & make public posturings. They would have
>been much better off to have left it alone & realized it was too late. There
>is no way they can get the programs off of all the BBS's it is posted on or out
>of all the personal libraries. The most that will happen is that people will
>get mad at them and boycot them. I will remember their name for a long time &
>have a bad impression of their tactics. That will affect my buying habits.

The issue is not whether Spectrum Holobyte can eliminate the Tetris clones 
already out there, but whether they have any legal right to attempt to do so.
What are rights are they claiming have been infringed upon?  Certainly not 
Copyright rights, I doubt if any of the clone authors used ANY of their code
or in any way are violating any provision of the Universal Copyright Code.

They claim that the idea of 7 different shaped blocks falling on a 2-D
playing field is crucial to the game and is protected. Well I have yet to
see them produce a legal U.S. patent protecting their "idea". Geeze, Why doesn't
Microsoft sue Spectrum Holobyte over Falcon because Falcon uses a plane and
a plane is crucial to the idea of Flight Simulator!

Their only possible case is a possible look and feel argument.  There are 
legal software precedents for both sides of this case with most look and feel
suits losing since the Lotus 1-2-3 victory.  In any event, if they did have a 
legitimate(very doubtful) look and feel case, then they must sue each offending
author individually, NOT throw uninforcable legal crap in the face of Fred.

For myself, All that Spectrum Holobyte has accomplished is to completely
alianate me and prevent me from purchasing any of their current or future 
products.  I have also written them a letter expressing my feelings.

____________________________________________________________________________
  Bob Luneski                                                             
                                                                         
  The opinions expressed herein are my own and in no way reflect the     
  opinions of Tektronix, Inc.