Hi Michael,
The thing to keep in mind is the attitude or opinion of the copyright
holder here. I imagine Phil has never had any troubles with Packman
Talks for the simple fact Activision tends not to worry too much about
their older copyrights and Atari classics. I've seen a number of retro
remakes of Packman, Asteroids,  Breakout, etc and Activision hasn't
bothered anyone about them.  However, Nintendo Entertainment, the
makers of games like Mario, tend to go after anyone that clones one of
their games. They are absolutely paranoid about copyright
infringement. So you have to consider the attitude of this or that
company first and foremost.
I myself was in the process of creating a retro remake of Montezuma's
Revenge a couple of years back and the copyright holder found out
about it and gave me heck for it.  I was  ordered to immediately to
discontinue production  of that title or face legal charges. Meaning a
copyright infringement suit. I backed down and started a new game to
replace it rather than try and legally fight it.
As for you not producing games you can create games. Just don't use
copyrights, characters, etc from copyrighted material. You have to
license sound and music legally and to create original stories and
characters. That's the difference here.



On 4/16/10, michael barnes <c...@samobile.net> wrote:
> hey thomas that may be true but that makes me ask.  how did he get away
> with making the game then if he use the characters and sounds and
> stages like the arcade?  see that is the main reason why i don't think
> i'll get into making audio games.  i was but since you brought that up
> i'll leave the game making up to jim and phil and david and jason and
> yourself and others who make gaem for all of us.  now i'll will say
> this i have some great ideas for games so if anybody wants to hear them
> let me know.
>
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