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Would it be illegal to do this?

Discussion in 'General Discussion' started by Duskling, Dec 24, 2011.

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  1. Duskling

    Duskling

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    Does anyone remember the giant rolling ball booby trap from Indiana Jones, I think the second movie? Would it be illegal to place that in my game, and the character running from it? or is that "ball" copyrighted?

    Sorry, I don't know much about legal stuff.
     
  2. antenna-tree

    antenna-tree

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    I wouldn't worry about these things. You can't copyright a character running away from a large object. And to be perfectly honest the chances of your game becoming big enough for Lucas to notice it is pretty slim.

    I don't know why these copyright threads appear so often... sometimes it just seems like an excuse to post something ;-)
     
  3. Duskling

    Duskling

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    Sorry, I just wanted to be sure. I always read these horror stories of how some indie developers have been sued to welfare for using X idea in their game.

    Just wanted to be clear.
     
  4. Swearsoft

    Swearsoft

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  5. PrimeDerektive

    PrimeDerektive

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    Where on earth are you hearing these stories?
     
  6. TehWut

    TehWut

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    It would be hilarious, that's for sure
     
  7. Jingle-Fett

    Jingle-Fett

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    Copyright stuff can be convoluted enough that it's safer to double check so I don't blame him. That said, there shouldn't have a problem since other forms of media regularly rip on that scene. Movies make fun of it, games have those sorts of sequences, one more shouldn't be a problem. I think even Gears of War 2 had a scene where you're running away from a giant ball of stuff too.
     
  8. CharlieSamways

    CharlieSamways

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    I think this is familiar to the patent topic not too long ago, just go by and do as you please. dont worry until someone shows up on your doorstep :) which is very very very unlikely unless your rolling in the cash.
     
  9. hippocoder

    hippocoder

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    Unless the main character has a hat and iconic whip, I doubt anyone will be interested.
     
  10. Jessy

    Jessy

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    I played a ton of games that had killer ballz before I ever saw that scene, and I've played many since. There's plenty of stuff that was clearly based on the scene, also. (12:00 in)
     
    Last edited: Dec 24, 2011
  11. npsf3000

    npsf3000

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    Copyright is very specific - imagine a 'photocopy' of something. Recreating the general theme is entirely fine.

    Crash Bandicoot had the run away from the giant ball theme.

    2 second google. I can't recall the Indiana Jones one, but it sounded useful given the description.
     
    Last edited: Dec 25, 2011
  12. Wild-Factor

    Wild-Factor

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    I've made a commercial mobile java game some years ago, with a ball following the hero...
    It's called adventure boy.
    The


    (I's a pretty game for a 64ko game...)

    It was probably sold a few ten of thousand units without any legal problem.
     
  13. typane

    typane

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    like all crash bandicoot games
     
  14. Prion Games

    Prion Games

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    Guys with legal issues always an issue I cannot believe the remark an admin posted on here. Legal stuff is not a joke nor should be underestimated.

    Unity should have a small legal team to help and assist game developers that are already in the midst of publishing a game to make sure all is legal.

    Reason being- Do you think it would look good on Unity if everyone was using its software to create illegal games? probably not!

    I am glad that people post these things to ask no matter how simple or idiotic some people may think they are, remember many users on here are very young and so we must be supportive and understanding on the matter, I even bet many veterans and even Unity developers know nothing of legal copyrights so please keep that in mind to all that feel this is not very important.

    PS: I will agree though that unless your game is going to be popular not much legal action will even be taken as it would be a waste of time and money on the legal party in less there a bunch of assholes. Sorry for cursing but a proper term indeed.
     
  15. andorov

    andorov

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    You're wrong.

    Too drunk to post a more detailed response, but you have little to no idea as to what you're talking about (as always). You also seem to have bipolar disorder as you are totally okay with using distinctive (and hence copyright-able) Pokemon name in your vaporware projects.
     
  16. Prion Games

    Prion Games

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    Sorry but I did much legal research on using the Pokemon brand in my past attempt at a MMO. Please read more thoroughly before posting. As I said I do much research daily on legal in all sorts of departments in game development. I know what i can and cannot do, if unsure I ask lawyers for legal guidance.

    I also spent almost 3 years on the legal loopholes, and boundaries I set to be able to make such a game. All I can tell you is read, read, read, and read some more on legal information provided freely over the net and anything you feel unsure about ask or get legal guidance from a local lawyer or pay a legal team to review your collected information and get answers.

    Prying at every post and calling me bi-polar is what I would expect from someone like you.

    Take a class in school online or in school and really learn what bi-polar means before you use it so freely.

    BTW I believe the word your are looking for is hypocrite not bi-polar, which I am not, I give information to others which I was given in the past and use everyday.
     
    Last edited: Dec 25, 2011
  17. andorov

    andorov

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    I suppose you're right. You don't suffer from bipolar, just stupidity.
     
  18. Prion Games

    Prion Games

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    Ah. Well to keep thread on topic I will leave it at that.
     
  19. Grafos

    Grafos

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  20. TylerPerry

    TylerPerry

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    I think all will be cool, i was playing runescape and they did a "matrix"(were neo bends back to dodge bullets) in the christmas event. i was also playing skyward sword and a huge ball rolls towards you(its alot difernt to indie tho).

    But no your not going to be sued aslong as you make it a bit difernt.
     
  21. Swearsoft

    Swearsoft

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    Are you guys serious?

    Tomb Raider had the killer balls, it was set in ancient ruins, it was even called "Tomb Raider " while one of the indy movies is "Raiders of the Lost Ark" and you still have questions.

    Unless you are using a likeness (Harrison Ford as Indiana Jones) and /or name the character Indy, Indiana, Jones etc you are not liable.

    Situations are not copyrighted, unless you use the exact frames from the film you are not liable. If you were, Hollywood would not make movies, but just be involved in counter suits, same goes for authors and books.

    Specific items and characters, even names of fictional places can be copyrighted, as well as the film itself (meaning you can't use portions of the movie in your work etc).

    For instance using a Lightsaber would be problematic, but unless you called it a "lightsaber" (which they have most likely filled for trademark status not only copyright, due to toys and significance) they can't really stop you.

    You call it an "energy sword", you change the appearance (both handle and beam) and you are set.

    The problem is that such a blatant copy will most likely hurt you. So unless the "Energy Sword" is your very best idea I don't recommend "re-inventing" such popular ideas-items

    You all have to understand though that copyright is not your enemy it is your friend.

    Let me explain:

    First assume that if an item or character exists it has been copyrighted, now that we are done with this issue.

    Second if a situation,item or character already exists this doesn't mean you scrap the whole thing.

    You do what creative people do all day.

    You make it different, you make it stand out, you change it until it is a new idea, not because you are afraid of copyright, but because you want to give something "new". If it already exists to the point it is recognizable and thus your thoughts of copyright emerge, then it is not worthy to be in your project, unless it is somehow a must have. A boulder can be anything and still the mechanics and underlying idea can be kept. A metal ball with blades, a wooden ball with spikes can further change into a cylinder (wheel), can become more complex (gears, chains) and in the end you can end up with a "new" item that still chases the player down a sloap.

    If your games most original idea is a killer boulder trap then you are in serious trouble. Forget game design, you won't even go past the first level.

    You see this is only 2-4 seconds of gameplay and a game should give you at the very least an hour of gameplay (3600 seconds) or it's not worth $0.99.

    You will need to throw literally hundreds of boulders to fill gameplay and if each idea is at this level when you post it to the forum you will finish the game in 2312.

    I did game design for a professional studio for over a year in which we had to complete around 20 chapters of gameplay. All including platform gameplay, puzzles with ancient ruins and glyphs, puzzles with alchemy, creating original myths based on and work with existing myths etc.
    As you can imagine we had ruins 75% of the game and we still didn't resort to using the plain boulder once. We created stuff like the character's ability to see and manipulate the aura of ancient ruins that no longer exist. We went through hundreds of ideas and we were on a deadline. (the company folded due to the financial crisis).

    So sit down, take a white paper and write down hundreds of ideas and don't give me that: "Simpsons did it!" crap.

    You have no deadline, you have no set characters, locations or gameplay rules, your idea of gameplay is being chased by a rock and you think being sued by Spielberg over a 3 second sequence he did in a film 30 years ago is your biggest problem?

    I've got news for you: it isn't!
     
    Last edited: Dec 25, 2011
  22. antenna-tree

    antenna-tree

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    Yes, I think the best thing people could do in this thread is go watch this South Park episode ;-) - or even this Simpsons episode :p

    Ideas come from everywhere and every idea has been rehashed a thousand times over. If you're borrowing from an existing idea it's simply your responsibility to put your personal twist on it as coming up with a 100% purely original one is extremely hard and unlikely.
     
  23. FunnyRobot

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    If people can be sued for using common english words like "edge" or "scroll" in the names of their games then I can see how OP would be worried.
     
  24. npsf3000

    npsf3000

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    Trademarks etc. are different.
     
  25. adaman

    adaman

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    +1
     
  26. yuriythebest

    yuriythebest

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    +1

    Eclision seems like he's done his research, and after having posted some informative stuff is pelted with ad homonyms without any good counter argument
     
  27. Prion Games

    Prion Games

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    +1
     
  28. antenna-tree

    antenna-tree

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    Sigh, so you guys are just going to "+1" one general idea instead of respond to koyima's post which was fairly well thought out? This is why I don't like threads like this, because most of the people posting in them won't admit to themselves that copyright isn't their biggest obstacle.... talent, imagination, motivation, execution, etc usually are.
     
  29. yuriythebest

    yuriythebest

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    I was responding to andorov's posts. Koyima's post was well done- indeed I remember there being a specific part in tomb raider (one of the older ones with the triangular boobs) where she runs away from a circular boulder in a cave,
     
  30. Prion Games

    Prion Games

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    Well all that is needed to make a game, now when your game is the best in the world but illegal then yes all that hard work goes down the toilet.

    Making an idea unique is good but still does not always make it legal, and some companies still attack small games because they are ignorant assholes. Excuse my cursing on that but needed. Though it is their legal right to be assholes. Now having an indie team with virtually no funding or cooperate office hosting there own legal team, we must be very cautious when making a game because of such issues. We can be very dedicated, talented, well organized and very imaginative, but if we do one small thing illegal that were unaware of then BAM!!!, we get a fine or a court date in the mail then were S*** out of luck and on our asses in fees and possible jail time. So yes the main obstacle is making a game in general specially with little to no money, but in all if we plan to make a name for ourselves and get a great game out, in most cases we may hit a snag in the line with a small legal concern or issue here and there and that must be taken care of ASAP, or that just might be the last game you ever make, and if not be sure that the company that gets you will make sure you get a bad reputation and it carries you for a good while.

    So in all seriousness be aware of small things even in small games and do the little things that most developers ignore and keep your game(s) in a legal boundary you feel confident with and if any concerns do research or get legal guidance from a lawyer. If it cost a little bit it is well worth saving your ass and your game the penalty of being sued.

    But also learn legal things so if you ever get sued and that party that sued you is wrong that you don't bite and you get legals defending you so you can show you were not breaking any laws and that they are wrong and now you sue them. Not always being sued means you did bad they just try to eliminate you for your idea may have been better, could kill there sales, want to intimidate you, etc. There is just so much more to running the business aspect to a game than most realize.

    Just keep it safe and keep yourself behind a safe not a bubble, bubbles can be popped and a safe can be cracked but is more difficult. basically that means keep your work to yourself, let only the ones you trust in, keep up on NDA's and get legal support when needed, this will keep you confidential, out of sight out of mind. But legal. best offense is a defense so keep up on your research or get a small guidance team together for support. See what kills other games and learn from their mistakes and your own. best of luck to those you may have these concerns and I hope i helped some people out.
     
  31. Swearsoft

    Swearsoft

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    Just LOL!

    @FunnyRobot: Scrolls went down the drain, as did Edge. SImply because they couldn't stand in a court of law.

    @Eclision: 3 years of legal loopgoles, instead of creating your own material is simply not creative.

    @MrDuskling: A boulder chasing a man is not copyrightable. If it was, spike in a pit, arrows from a wall etc would all be copyrighted.

    @Everyone: Give me one example a game faced these problems and died.

    Edited to show forum members.
     
    Last edited: Dec 26, 2011
  32. Prion Games

    Prion Games

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    I do not ever and I mean ever say one thing talking about the above games nor a ball rolling, I am simply giving good information to those you care to read it and understand.
     
  33. antenna-tree

    antenna-tree

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    But do you have any examples of an indie game being sued out of existence for copyright violation? And I don't mean someone doing a remake of a known franchise, but a game that had a similar mechanic, scenario, etc.

    The most famous one I know of is Crazy Taxi, but that was a desperate SEGA suing another large corporation (FOX).
     
  34. Swearsoft

    Swearsoft

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    I edited my post (to show recipients) since Eclision thinks it's all about him.
     
  35. Prion Games

    Prion Games

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    I do not think you guys are reading clearly? I didn't post for simple mechanics. I posted information on the challenges and scenarios to look out for in game development and how serious it is. This whole thread is being pushed towards just simple mechanics, I extended it into a helpful topic for people with any related issues concerning legals in game development.
     
  36. TheCasual

    TheCasual

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    I think , your spending entirely to much time trolling the forum, making yourself seem above avg. Dont get all offended and spew off , cause personally , i dun care enough to come back and read it, let alone post about it. But its sad , that something that could have been answered *as informative* and left as is, is continued on, and on , and on ......

    Get over it , the points have been said , this is just turning into another tyical thread of **no , im right**

    My god , go build a model , or a game!
     
  37. andorov

    andorov

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    Copyright infringement advice from someone who thinks Nintendo can't sue him for recreating Pokemon as a MMO.

    Sure, go right ahead.
     
  38. Prion Games

    Prion Games

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    :)
     
  39. antenna-tree

    antenna-tree

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    Alright, I got a request to close this thread and I agree that it has run its course.
     
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