Legal Question in Technology Law in Illinois

Hi, my question is two part:

I'm playing a game X. At this point, the game is very easy and very commonly decompiled (a vague analogue of its source code is available to anyone with the game and the technical knowledge to work a decompiler). Thus, the first part is, so long as I do not distribute any of this in any way (the game, the source code, or any part thereof), is there potential for legal repercussions? My main activity within this is to make small changes, recompile the whole thing, and to host a server using the new software to provide a unique experience (when compared to normal server hosting software).

My second question is this: At the same time, I would also like to be working on a game of my own design. It shares a small number of very minor things to X: it is 2D, it has RPG elements, but not in the same order or scale. And that's it; it is not written in the same language (computer programming language; what form the source code is made); it is going to be an MMO, while X is smaller scale adventure; it is isometric, while X is side scroller. Would there be any reason which this is exceptionally prohibited?

Thanks.


Asked on 6/04/11, 6:55 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

1st Question - decompiling is normally okay, providing you are not distributing the game or source code. There are legal risks in hosting a modified version unless it is clearly described as modified, and legal risks if you use the same brand names for your modified version. You may have signed an agreement, via various modes like click wrap, check box, etc. that prohibits your activity.

2nd Question - a derivative of a copyrighted work is consider to be encompassed within the original copyright, depending on the extent of differences. It sounds like you have sufficient differences to avoid being a derivative, but you should check with a copyright lawyer to get a quick opinion just to be safe. Also, use your own trademarks and modify the visuals enough to make it clearly something different so you avoid trademark problems. A copyright or trademark lawyer can advise you on that.

Read more
Answered on 6/04/11, 8:28 pm


Related Questions & Answers

More Computer & Technology Law questions and answers in Illinois