Legal Question in Technology Law in Alabama

Re: Game copyright law

Copyright protection covers your expression not your idea. (A patent would preclude others from doing the substantiallly the same thing in substantiallly the same manner.) If the European game shares protectable expression with your game, then there might be infringement. However, if there are only one or a very limited number of ways to make the expression, then there would be no infringement. Do you know if the European developers would have access to your game? Are they selling the game in the US? In AL? Sounds like there could be some tricky jurisdictional issues as well.

As to your chances, I'd need more information from you and I'd like to see both games.

Thank you for your posting. Please email me at [email protected] or call me at 800-289-5999 if I can be of further assistance.

Best regards,

Todd D. Epp, Esq.

Licensed in SD, KS, and W. Dist. of Mo. Fed. Dist. Ct.

Re: Game copyright law

This is going to be a complicated case, particularly because you will probably have to bring your suit in Europe unless the game company intends to release its game in the US. Because the case will be governed by the local law of the particular European country, you need to identify that country in order for us to analyze the situation.

If the company distributes the game in the US, then you would probably have remedies under copyright and possibly trademark/trade dress, if the similarities are substantial enough. However, you must bear in mind that copyright prevents copying, not independent creation, so you have to be concerned with proving that the EU company had access to your game unless their product so closely resembles yours that copying can be inferred.

Registering the computer code may or may not be sufficient protection for the game as a whole, particularly if the EU company's game uses different media. You should have a lawyer examine both games in order to give you advice on the viability of your possible claims against the EU company.

Best wishes,

LDWG

Re: Game copyright law

While the prior comments give you some general concepts, you need specific analysis. What is "very similar" to you, the author of the prior work,probably means similar in concept (rules, movements, strategy, scoring, and the like). Unfortunately for you, the appearance of the the game (shape and look of board, look of pieces, wording of rules, colors used, geometric shapes used, actual computer code used, and the like) are the more relevant issues for copyright infringement.

There are some steps you can take that may produce short term success for you in stopping the infringement. The key at this stage may be who you attack and in what order and through what means. That is valuable litigation strategy that is not something good litigators will give away on lawguru for free. Be very careful in your initial steps, particularly if you have limited funds. This is most likely not something you can do successfully on your own. If you make the wrong initial steps, your chances of success are nil. The strategy will depend on your financial situation, and the odds of success diminish rapidly as your abilitiy to fund a legal action diminish. Convesely, your odds go up if the other side has limited funds, which appears not to be the case. Frankly, the fact that you are here asking for free advice on lawguru and the other side is generating income through sales of games, suggests to me that your odds of success in stopping the other side are less than 1%.

If you have some funds to fight these guys, I will be happy to attack for you. Otherwise, I am very pessimistic.