Author: Robert Hyatt
Date: 09:25:34 01/07/04
Go up one level in this thread
On January 07, 2004 at 10:59:48, Ed Trice wrote: >On January 07, 2004 at 10:24:41, Robert Hyatt wrote: > >>However, this is a game, and the rules are public, so writing a program to play >>that game should be perfectly within the internationally accepted patent rules. >>However, I'd suggest asking an attorney friend (if you know one) about the >>law where you live. > >Just one clarification is required here. The game is protected under a METHOD >patent, which is a little more involved. Just as Monopoly is a game with a >method of play (configuration of the board + rules) it could not be infringed >upon because the rules are "public". > >The legal loophole is the "configuration" portion of the method patent. While >the rules clearly are public domain, the starting configuration, which was >researched and play tested all over the world before it was decided upon -- this >is the gule that holds it all in place. > >I am not interested in becoming a Patent Warlord by any means, and I encourage >all who are interested in the programming challenge to give it a try. > >But PLEASE do me the common courtesy of requesting a license and I assure you in >about 99.999% of all cases it will be granted to you. I don't believe a license is necessary to write a program to _play_ this game, any more than I need a license to write a program to play monopoly. I can't manufacture a game and sell it, as several have found when Parker Brothers took them to court, but clearly I can play the game once I see it, without having the real board or anything else handy. Ditto for this variant called "Gothic Chess". I don't see how you would deal with someone that simply writes a program to play your "game". He is not infringing on the patent whatsoever by doing so...
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