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Socoder -> On Topic -> Is this another case of patent trolling?

Tue, 09 Aug 2011, 05:02
steve_ancell
(Linkage)

First Star Software may hold the trademark for Boulder Dash, but that's not a good enough reason to order a pull-out on someone else's game that just happens to be based on the same idea.

This trolling thing is getting out of hand, and if it's allowed to continue, someone will end up patenting the use of the pixel before long. We're all doomed!. :o
Tue, 09 Aug 2011, 07:30
spinal
I was under the impression that you could not copyright a game mechanic. As long as this guy didn't use any of the original character names, sounds or graphics they shouldn't be able to touch him.

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Tue, 09 Aug 2011, 07:44
Jayenkai
Even the creator of Space Invaders has come out and said it's just Breakout with moving bricks, and a single direction for the ball!

This shouldn't be an issue, unless there's other things going on in the background, like the owners decide to license the name to two completely separate companies, at the same time, to make the game on the same device, and it all blows up in their face, leading to all manner of stupidly long drawn out arguments between all parties, and a bunch of indies getting in between it all..
...
Uh Oh!!

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Tue, 09 Aug 2011, 12:36
rockford
This isn't patent trolling - this is more a case of alleged copyright infringement.

Legally I'm not sure where First Star would stand if it went to court, seeing as they have not shut other BoulderDash games over the years (I created two RockRush and XmasRush, many years ago) and I've never heard anything from FS.

Also, the author states that he has not used code, graphics or other media from the original game. Perhaps the levels are the same?

The only other similar case I can think of is The Giana Sisters for C64, when Nintendo won the court case, stating the game was essentially Super Mario Bros.

BTW Has anyone seen BoulderDash on the XBox360? Feck!!

Tue, 09 Aug 2011, 13:31
steve_ancell
rockford This isn't patent trolling - this is more a case of alleged copyright infringement.

If it's to do with copying then it's copyright infringement, if it's to do with ideas then that's patent trolling.

Look at the amount of game clones that have came out over the years, to name a few: Racing car games, Manic Miner(Roland in space), Killapede..... Yet none of them got gang-raped by any trolls AFAIK, so why now?, because it's easy to pick on the smaller indie dev's, there's going to be a lot more of those bringing out their games in the near future and the trolls are using them as a cash cow.

|edit| And I remember seeing a Matthew Smith interview where he admits Manic Miner was inspired by Miner 2049er, yet his game didn't get pulled out |edit|
Tue, 09 Aug 2011, 13:44
rockford
It can't be patent infringement if the original game wasn't patented. It wasn't and couldn't be later, as there was prior art.

The author states "They have not stated exactly how my game is infringing their copyrights" so I'm presuming that's exactly what his game does - infringes their copyright. Maybe his levels were based on the originals? He states he's used no code or graphics, so it's either music or levels.

Dunno.
Tue, 09 Aug 2011, 13:51
steve_ancell
rockford Maybe his levels were based on the originals?

That could be the case, but if it is, then why don't they give their reason?
Tue, 09 Aug 2011, 13:58
steve_ancell
Blitz Boudlers, although free, was included as part of the BlitzBasic package. I wonder what First Star Software would do if they realized?, try to order the cease all sales of BlitzBasic/B3D and tell BRL to recall all copies already sold I suppose LOL

|edit| If that was possible they can phuck-off, ther're not getting their dirty grubby hands on my boxed copy of B3D >) |edit|
Wed, 10 Aug 2011, 12:18
rockford
Here's a vid of the RockFall game in err... action (?)

www.youtube.com/watch?v=5bdtRdwMQQk

It doesn't seem to play very well by the look of things (I've seen three vids now and all show the same - the user has difficulty in controlling the character and it's slug-slow). Doesn't look like the world is missing much. It doesn't use the same levels as BoulderDash, so I can't really see what FirstStar were objecting to.


BTW In case you hadn't noticed, I am a teeny weeny bit of a BoulderDash fan - hence my nickname and avatar. =D
Wed, 10 Aug 2011, 12:52
steve_ancell
rockford BTW In case you hadn't noticed, I am a teeny weeny bit of a BoulderDash fan - hence my nickname and avatar. =D

Yes, I had noticed.
Wed, 10 Aug 2011, 13:25
Jayenkai
Aye, maybe it was the "bad example" issue.. We'll see when FirstStar launch theirs..
-maybe-

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Wed, 10 Aug 2011, 15:14
rockford
There are already a couple of officially licensed BoulderDash games on iPhone (BoulderDash Vol 1 and BoulderDash Rocks) Boulderdash Vol 1 is pretty authentic by the looks of things. I had BoulderDash Rocks on my DS. It's horrible.

Why would FirstStar release BoulderDash again on iPhone (unless it's a version of BoulderDash XL from the XBox)?
Wed, 10 Aug 2011, 15:24
Jayenkai
Having originally read the original article, the third paragraph stuck out the most..

"I heard that other Boulder Dash® inspired games have been removed from iTunes due to pressure from First Star. They mentioned that they are preparing an official Boulder Dash® game for the iPhone but it is not finished yet."

.. Now you said that, I went back to check.

.. FFS, Steve, that's from 2008!!!

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Wed, 10 Aug 2011, 18:09
steve_ancell
Jayenkai FFS, Steve, that's from 2008!!!

*Ducks down and hides head in neck of tee shirt* LOL
Wed, 10 Aug 2011, 19:06
Jayenkai
What next, "Software Copy Protection Method Results in Lenslok Based Rampage"?

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Thu, 11 Aug 2011, 05:12
rockford
LOL.
Thu, 11 Aug 2011, 05:52
steve_ancell
Jayenkai What next, "Software Copy Protection Method Results in Lenslok Based Rampage"?

The way this world is heading, you never know!