Hi all; as I do not know much of laws which can be applied in particular issue here, I am hoping that you here can help a bit with pointing me to right direction or giving some tips where to inform myself further. It's about creating a browser MMORPG (TBS actually). I have launched a project which would be web adaptation of successful video gaming franchize Heroes of might and magic. (this is not press release, just informative facts, lol). As some of you already know, it's under Ubisoft ownership for last decade, if not mistaking. Anway, let's say, with given progress, in few months time, we should have running singleplayer version of game which has same gameplay rules and mechanism such as HOMM serial. To skip digression, let me point out my primary concerns: Important thing is, I do not want to go with Ubisoft again, asking questions. Last time I was asking, I got response that we: - cannot be commerical in any way, not even donation concept - must state explicitly that all that is ownership of Ubisoft - provide them with source codes. For me, it's unacceptable concept. Seems to me a bit too much rights taken on side of Ubisoft. Being in or not in such project, it seems a bit harsh. Now, I've seen many games out there, both browser and desktop, being similar to existing ones. For those who know franchize, let's take example of Disciples serial - almost identical to HOMM. Second thought is; is it really possible that I end up under law issues with Ubi? See what's plan, anways: 1. custom graphics (no law issues possible) 2. fantasy set and world - Ubi can't copyright that, basically, so we're clear 3. unique game/project name 4. different technology, 100% own written source code (PHP, AJAX, JS) 5. - gaming concept?? (map, armies, battles) Idea is to maintain same gameplay levels, and take best out of that. My real question is: Under terms where me and my friends, as development/project crew have taken all things into consideration, (1-4) as we are in fact trying to recreate something that has proven to have success with gamers, but on a different level - can we get "nailed down" only due to 5th issue above? I hope not, since, I can't imagine someone has copyright on "concept" such as TurnBasedStrategy in that form. Since I can't find anything about that on net - to be more precised - I do not know what/where to look for, I'm asking for help here. and b) Can legal issues be avoided (or is such thing perhaps neccessary) if we use 1-4 + tribute such as "This game has been made in tribute of great HOMM bla bla"? I'm a bit in woods here, to be honest, mates. Thank you for help in advance. Regards, Nosf
You can't knock off a game without exposing yourself to possible litigation. Certain concepts are so broad they can't be protected, but you need to show an IP attorney exactly what you plan to do, not just a generalized concept. The test I would use is "Would the game maker know by looking at your game that it's a knock off of their game?." If yes, then I would say you are throwing caution to the wind whether or not you are legally ok. The bigger pocket always has the advantage because they can file suit against you and win by default or force you to spend hundreds of thousands of dollars in court proving your case. If you win, you aren't likely to be awarded anything for your attorney fees (in a US court). You certainly don't want to mention anything about the other game, not a tribute, not anything. There is also a possible problem if they can connect you to your previous request to them. It could be powerful evidence in court that you knowingly infringed upon their rights. Finally, it doesn't really matter what others have done with other games. Those other companies may have given permission or maybe don't care. It isn't going to give you any legal standing in court. Saving things like "almost identical" to this other game gives me the impression that you are asking for trouble - but only an IP attorney who has seen your exact concept is going to be able to give a clear picture of your position.