>From the same copyright page that was quoted
(http://www.copyright.gov/fls/fl108.html);

"Some material prepared in connection with a game may be subject to
copyright if it contains a sufficient amount of literary or pictorial
expression. For example, the text matter describing the rules of the game,
or the pictorial matter appearing on the gameboard or container, may be
registrable."

To me that covers block shapes, multi-coloured blocks, removal filled lines,
etc., etc., etc.

Al.

---

* Written an Android App? - List it at http://andappstore.com/ *

======
Funky Android Limited is registered in England & Wales with the 
company number  6741909. The registered head office is Kemp House, 
152-160 City Road, London,  EC1V 2NX, UK. 

The views expressed in this email are those of the author and not 
necessarily those of Funky Android Limited, it's associates, or it's 
subsidiaries. 


-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of Al Sutton
Sent: 08 April 2009 07:56
To: [email protected]
Subject: [android-developers] Re: Apps labeled as Tetris Clones removed from
Android Market


I still remember the Lotus Look & Feel lawsuits that put a couple of
companies out of business in the late 80's early 90's;

http://en.wikipedia.org/wiki/Lotus_Development_Corporation#Look_and_Feel

Hence why I'm always wary of look and feel claims.

As for the statement you've quoted, as I read it we're not talking about the
idea of a "game to fit blocks together", nor the name Tetris, nor the G1s
input methods. Monolith Android copies every aspect of Tetris down to the
shapes of the block, removal of full lines, multi coloured blocks, etc.,
etc., etc.

Yes, it adds a few features and the actual graphics, music, etc are not
lifted directly from a Tetris implementation, but as I see it it's like
building and selling a car that looks like a Porsche but with slightly
different shaped headlights and doors.

Given that the Tetris company already have a sidekick implementation I guess
they're clearing the way for a G1 implementation by removing any
competition.

Al.  

P.S. Personally I'd rather see all this effort go into something new and
original, not recycling an idea that as the OP mentioned is over 20 years
old.


---

* Written an Android App? - List it at http://andappstore.com/ *

======
Funky Android Limited is registered in England & Wales with the company
number  6741909. The registered head office is Kemp House, 152-160 City
Road, London,  EC1V 2NX, UK. 

The views expressed in this email are those of the author and not
necessarily those of Funky Android Limited, it's associates, or it's
subsidiaries. 


-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of ewjordan
Sent: 07 April 2009 23:04
To: Android Developers
Subject: [android-developers] Re: Apps labeled as Tetris Clones removed from
Android Market


On Apr 7, 11:31 am, "Al Sutton" <[email protected]> wrote:
> Implementations can be copyrighted which is where there claim comes from.

Yes, implementations may be copyrighted, but unless these apps actually use
code stolen from an official Tetris release, they are not infringing against
these copyrights.

A game's mechanics absolutely positively may not be copyrighted.  I quote
straight from the US Copyright Office: "The idea for a game is not protected
by copyright. The same is true of the name or title given to the game and of
the method or methods for playing it."
(http://www.copyright.gov/fls/fl108.html)

TTC is (and has been, for quite some time) trying to churn copyright and
trademark together into some muddy mixture of general IP protection so they
can assert ownership over the _idea_ itself, but this is not legally valid.
As mentioned previously, this is the type of thing that would require a
patent, but they don't have one, so they're instead banking on the fact that
the people they're going after don't have the resources to fight them.

Google's hands are tied, since they have to comply with DMCA requests by
default.  Counter-notifications are the way to go, and should effectively
force the issue - recall, Apple yanked the apps by its own decision, so a
counter-claim means nothing, whereas Google is simply pulling apps to comply
with DMCA.  There's a _huge_ difference there.

>
> Having seen the demo video of your game I can see why they would 
> appear to have a reasonable basis for their case. You'd added some 
> fancy features, but the basic game play is the same right down to the
block shapes.
>
> My advice, and I'm not a lawyer, is to start work on something 
> original because I don't see Google letting you back in the market 
> with your app any time soon.
>
> Al.
> ---
>
> * Written an Android App? - List it athttp://andappstore.com/*
>
> ======
> Funky Android Limited is registered in England & Wales with the 
> company number  6741909. The registered head office is Kemp House, 
> 152-160 City Road, London,  EC1V 2NX, UK.
>
> The views expressed in this email are those of the author and not 
> necessarily those of Funky Android Limited, it's associates, or it's 
> subsidiaries.
>
> -----Original Message-----
> From: [email protected]
>
> [mailto:[email protected]] On Behalf Of 
> Tasos.Kleisas
> Sent: 07 April 2009 16:22
> To: Android Developers
> Subject: [android-developers] Re: Apps labeled as Tetris Clones 
> removed from Android Market
>
> Ideas cannot be copyrighted, only patented. But the Tetris Company 
> does not have a patent. And game concepts are not patentable. Take a 
> look 
> athttp://desiree47.wordpress.com/andhttp://abednarz.net/wp/34/They 
> claim a
look and feel copyright claim, but the game art, sounds and music have
nothing to do with tetris.






--~--~---------~--~----~------------~-------~--~----~
You received this message because you are subscribed to the Google
Groups "Android Developers" group.
To post to this group, send email to [email protected]
To unsubscribe from this group, send email to
[email protected]
For more options, visit this group at
http://groups.google.com/group/android-developers?hl=en
-~----------~----~----~----~------~----~------~--~---

Reply via email to