Hi Yohandy,
Yes and no. You need to keep in mind here that most large corporations do have hired legal staffs that work for them for full time or are kept on a retainer if they are needed. So in that sense it is not that expensive for a company to have their lawyers write up a cease and desist order , and file it with a court somewhere. A judge will read it, sign it, and the person in question will legally be forced to stop production at that point. If the person chooses not to follow the court order he or she may face fines for violating the court order. So if they chose that route it wouldn't cost them very much to protect their copyright interests. In the short term it might not be all that reasonable to go after a blind guy with just enough money to get by, but long term it pays off for them. If they deal swiftly with guys like me, and then when a bigger company comes a long they know they are going to get sued or something if they try something similar. Plus going after a small guy like me shows others out there don't mess with us because we will enforce our copyrights to the letter. It is more for show then anything else. As far as copyright law itself goes it isn't always fair, because the fair use provision in the law doesn't go far enough to cover things like accessibility, fan fiction, or other reasons we might be interested in using a copyright. It doesn't really matter if game company x makes a killer game and it is unaccessible. If you clone it, sell it, and release it to the blind you can get sued just because you didn't ask for the company's signed permission first. In some cases like my attempts to get permission from Lucasfilm for the rights for Star wars they wouldn't let me have it anyway. They can refuse my attempts to make an accessible Star Wars game, because there is no law stating they have to make accessible video games, nor do they have to let a guy like me create one. Unfortunately the copyright law is on their side, because they retain all rights to trade marks, characters, places, and anything to do with Star Wars and can decide what they want to do with it. It makes no difference in the law that none of their games are accessible. So that is where we run into issues with Montezuma's Revenge. The companies that currently own the copyrights never have to make another Montezuma's Revenge game as long as they exist, because the hold all the copyrights. It makes no difference to them if it is accessible, not accessible, and it would be fair to let me make one and sell it. Fact is the law is on their side, and they have the right to tell me, "No, so sorry, but you aren't aloud to make a Montezuma's Revenge clone and sell it."




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