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From: omh@cs.brown.edu (Owen M. Hartnett)
Newsgroups: comp.sys.mac.games
Subject: Re: Some Copyrighted Games...
Keywords: Copyright battles again
Message-ID: <71240@brunix.UUCP>
Date: 8 Apr 91 02:47:37 GMT
References: <1341@caslon.cs.arizona.edu>
Sender: news@brunix.UUCP
Reply-To: omh@cs.brown.edu (Owen M. Hartnett)
Organization: Brown University Department of Computer Science
Lines: 29

I wrote a version of a copyrighted board game about 6 years ago.  It's
still on my shelf.  The company knows I've written it, so I would be 
very much afraid should the program be released (so don't anyone ask!).

Unless you have a burning desire to see the game written your way and
you don't care if it never sees market, plunge ahead.  However, you're
far more likely to reach market with an original game rather than
computerizing someone else's idea.  Consider the problems: 1) You've
got to convince the company that it is in it's best interest to "buy"
(or license, or whatever) *their* game from you rather than just to
write it themselves. and 2) if you do bring to market, even if you
alter part of the game to differentiate it from their version, you 
stand a chance of litigation for lost profits from the original game
owners.  A judge could decide that your game is a "derivative work" and
compell you to turn over your profits (if any) and damages (could be
a lot).

Someone I know has a very good version of a famous game.  This game is
far superior to current computerized versions of the game.  However, he
and his agent have been in negotiations for over 6 months with no end
in sight with the copyright holder and releasing this game under a 
pseudonym will effectively hurt the market for it.

-Owen

Owen Hartnett				omh@cs.brown.edu.CSNET
Brown University Computer Science	omh@cs.brown.edu
					uunet!brunix!omh
"Don't wait up for me tonight because I won't be home for a month."