Hi Josh,
What you just proposed has many legal problems. The thing you are missing is copyright laws pretty much dictate what a developer can and can't do regarding someone else's software ideas. That includes games, and what you just suggested flies in the face of most copyright laws world wide. In the main if you want to use someone else's game ideas, make an accessible version, whatever you have to get authorization directly from the copyright owner in advance. Failior to do so could result in a civil copyright infringement suit. You can't simply write an accessible version or clone, and then ask a game company to sell it for you. It isn't going to happen, and isn't strictly legal under copyright law. Second, what you may not realize is that if a game company licenses the sounds, music, or game story from another company they are legally bound to their contract regarding those aspects of the game in question. They may not legally be in a position to authorize a third-party developer. For example, some game companies like Activision have a legal license to produce Star Trek games using official Star Trek music and sounds. That contract between Activision and Paramount would supersede any contract or agreement between Activision and any accessible developer. So they are in no position to just delegate rights or authorizations for that particular game to any third-party developer who happens to come along. Third, as a rule game companies refuse end user suggestions, game submissions, and so on. There are very good legal reasons why they do not do this, and one of them is they would be in a position to split the income with the person. Plus it complicates who has the copyright ownership. Finally, an open source license like Creative Commons and GPL wouldn't really help us here. At most it would protect the source code, but you still could be legally sued for any sounds, music, or trade marks you use in the game. Previously licensed sounds, music, and trade marks are not in the public domain so are not subject to Creative Commons or the GPL. The best, and perhaps the only, way to legally handle this is by trying to release the games as free fan fiction. There is the fair use Claus in the U.S. copyright laws, but expect your efforts to be challenged. Problem is none of us really have the money to pay for a protracted legal battle over what constitutes fair use in this or that case. For example, there have been several cases of where commercial companies have sued an open source developer over some copyright issue or other. One of the biggest ones was Microsoft VS Lindows. A few years ago a developer decided to create a new operating system merging Linux and Windows technologies into one operating system. Naturally he called his product Lindows. Just when it seamed Lindows might actually become a rival to the Windows operating system Microsoft took Lindows to court and sued. In the suit filed against Lindows Microsoft accused Lindows of copyright infringement, and eventually won the case. In the end Lindows decided to settle out of court, rename the operating system to Linspire, and had remove dseveral of the aspects that made it a great alternative to Windows or Linux. Although, Linspire is still around Microsoft's copyright suit has pretty much destroyed the project's original aim.



Josh wrote:
Hi,
ok here's an idea. first rip the audio/sounds from mainstream games. and then make an audio game using the mainstream comany's sounds. and then don't selol the game, make it free but keep the source code. then when the mainstream companies come round with their cease and desist letter. make a deal with them. tell them I'll give you the code to my game if you'll sell it. once you complete the game, don't give it out to anybody you see, kep the game and the source code, then email the company whose game it was originally and tell them you made their game accessible pinting them to a website nobody else knows about so they can download the game. Tell them if they do not agree to sell your game that you made with their idea their original title, their sounds, you will release the game as free open source software under the general public license. And since they are driven by making money they naturally will want the code. and if they renig on their part by noot selling it then you immediately release that game as open source. to differentiate it from sighted games put the word accessible in front such as accessible harry potter and the half blood prince game or accessible madden nfl.
Josh

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