Re: [Audyssey] Important Montezuma's Return announcement

2008-02-12 Thread Cara Quinn
  Guys, this may come as a shock, but game development companies don't  
write games for people to enjoy.  smile  They write games for people  
to buy, and then sequels for people to buy again, and so on…

  the game is merely a product, and it takes product to make money.   
the company's main interest is to make money, and more specifically,  
clear profit.  Without that, its pointless for the company to exist,  
if it can at all…

  Sure, there are people within those companies who genuinely enjoy  
their work and do want people to enjoy the experience of using the  
product, but the company as a whole only wants people to enjoy the  
product so that either more will buy it or the original owners will  
buy accessories or derivative works.

  smile  Very sorry to burst your bubble here, but this is the way  
the capitalist world works.  lol!…

this is one reason that developers in this community really should be  
given a whole lot more credit / respect / understanding than they  
actually seem to get.  These people *DO* care about people enjoying  
their games and don't simply view them as product for consumers.  they  
do however live in the same capitalist model in the sense that we all  
need to make a living, so all of the good intentions in the world  
still need to be supplemented with a healthy dose of food on the table! 
…  smile  Catch my meaning?…

Have a great evening and catch y'all on the flip!…

Smiles,

Cara  :)


On Feb 10, 2008, at 7:02 PM, Bryan wrote:

 A mainstream dev isn't going to care about that. If they perceive  
 something
 as being a violation to their copyright and they're strict enough  
 about it
 they'll find a way to deal with it, usually one that means the rest  
 of us
 can't enjoy the game. Besides, now that Thmas has agreed to change  
 the name
 of the game he can't very well back out on that. Besides, he seems  
 like too
 much of an honorable person to do that.
 Time is an illusion, lunchtime doubly so.
 - Original Message -
 From: josh [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 6:51 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 they can't sue you for what you don't have. if you have it they can  
 sue
 you.

 -

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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-12 Thread Cara Quinn
   Ah, yes, -was just agreeing as I like both cultures and aspects  
that that might bring to a game.  Two totally different approaches.   
But yes, I think for this game, if you'd want to stay closer to the  
treasure / warrior aspects, Aztecs would have to be the way of it!…   
smile

   this brings up an interesting point in itself.  I personally go for  
games that also give me a bit of insight / knowledge into the subject  
matter rather than just an entertaining jaunt, if you catch my meaning…

   I'm assuming you're thinking along these lines as well, for your  
new version of this one?…  I.E. -having some insights about the  
culture inherent in the game…

Anyway, blah blah blah -nuff from me for now.  smile  Thanks for the  
note and have a lovely evening!…

Smiles,

Cara  :)


On Feb 12, 2008, at 1:10 PM, Thomas Ward wrote:

 Hi Cara,
 Hmm... Well, seeing as the object is treasure hunting probably  
 should be
 Aztecs. They were well known for their great wealth in gold, silver,  
 and
 warlike ways.
 If you remember the ancient Mayans are more remembered today for their
 calendars, language, and level of scientific observations. Especially,
 their wealth of knowledge in ancient astronomy. Their paintings,
 statuary, and pyramids are also of great value, but as an Empire the
 Mayans didn't have as much gold and silver as Aztecs and Incas. While
 they weren't wealthy in precious metals they were wealthy in other  
 ways.
 A way the Spanish concorers completely ignored.
 One of the great ironies of the Spanish conquest is that they concored
 the Aztecs and Incas  fairly quickly, and they were the ritchest  
 Empires
 in the region. When they concored the Mayans hey were the least  
 wealthy,
 but took the longest to defeat.



 Cara Quinn wrote:
   I like both, Mayans and/or Aztecs.  I think either would make for
 an interesting and fun gaming environment.

 Rock!…

 Cara  :)



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-12 Thread Thomas Ward
Hi Cara,
Hmm... Well, seeing as the object is treasure hunting probably should be 
Aztecs. They were well known for their great wealth in gold, silver, and 
warlike ways.
If you remember the ancient Mayans are more remembered today for their 
calendars, language, and level of scientific observations. Especially, 
their wealth of knowledge in ancient astronomy. Their paintings, 
statuary, and pyramids are also of great value, but as an Empire the 
Mayans didn't have as much gold and silver as Aztecs and Incas. While 
they weren't wealthy in precious metals they were wealthy in other ways. 
A way the Spanish concorers completely ignored.
One of the great ironies of the Spanish conquest is that they concored 
the Aztecs and Incas  fairly quickly, and they were the ritchest Empires 
in the region. When they concored the Mayans hey were the least wealthy, 
but took the longest to defeat.



Cara Quinn wrote:
I like both, Mayans and/or Aztecs.  I think either would make for  
 an interesting and fun gaming environment.

 Rock!…

 Cara  :)
   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-12 Thread Bryan
Yes, there is that also. At least we're lucky i that our devs actually write 
games with an eye towards being enjoyed as well as making some extra dough.
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: Cara Quinn [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Tuesday, February 12, 2008 1:02 AM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


  Guys, this may come as a shock, but game development companies don't
write games for people to enjoy.  smile  They write games for people
to buy, and then sequels for people to buy again, and so on…

  the game is merely a product, and it takes product to make money.
the company's main interest is to make money, and more specifically,
clear profit.  Without that, its pointless for the company to exist,
if it can at all…

  Sure, there are people within those companies who genuinely enjoy
their work and do want people to enjoy the experience of using the
product, but the company as a whole only wants people to enjoy the
product so that either more will buy it or the original owners will
buy accessories or derivative works.

  smile  Very sorry to burst your bubble here, but this is the way
the capitalist world works.  lol!…

this is one reason that developers in this community really should be
given a whole lot more credit / respect / understanding than they
actually seem to get.  These people *DO* care about people enjoying
their games and don't simply view them as product for consumers.  they
do however live in the same capitalist model in the sense that we all
need to make a living, so all of the good intentions in the world
still need to be supplemented with a healthy dose of food on the table!
…  smile  Catch my meaning?…

Have a great evening and catch y'all on the flip!…

Smiles,

Cara  :)


On Feb 10, 2008, at 7:02 PM, Bryan wrote:

 A mainstream dev isn't going to care about that. If they perceive
 something
 as being a violation to their copyright and they're strict enough
 about it
 they'll find a way to deal with it, usually one that means the rest
 of us
 can't enjoy the game. Besides, now that Thmas has agreed to change
 the name
 of the game he can't very well back out on that. Besides, he seems
 like too
 much of an honorable person to do that.
 Time is an illusion, lunchtime doubly so.
 - Original Message -
 From: josh [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 6:51 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 they can't sue you for what you don't have. if you have it they can
 sue
 you.

 -

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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-11 Thread josh
Hi,
I agree with you Ari.

- Original Message - 
From: ari [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Saturday, February 09, 2008 6:20 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 really Thomas, feel very sorry for you about this, can't stand bloody evil
 people like that, these big bullying corporate-types who try and find
 anything to sue over to just make money, that's the one thing I find not
 great about America, the culture over there of people just wanting to find
 problems and suing all the time. It's absolutely disgusting, I mean, how
 could anyone even confuse them with you, you are making a game for blind
 people, they're not even bothering to do that anyway.
 Ari


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-11 Thread Thomas Ward
Hi Bryan,
Well, I've been doing some thinking about that, and I have decided first 
off to include this game as apart of the Tomb Hunter series of games. 
This will be volume 1 in the Tomb Hunter installment featuring Angela 
Summers as are daring female treasure hunter. I've already imported the 
Tomb Hunter music, and some of the ambiance so it will match up with 
volume 2 which is a First Person action adventure.
You are right that Angela's Quest might be to generic. I have considered 
making this temple an ancient Mian ruins which Angela Summers is 
exploring when she finds it is cursed with undead Mian warriors, giant 
spiders, and huge giant Pythons to start off with. Though the Aztec's 
would work too.
If it is Aztec's we are sticking with there could be a couple of names 
we could use. Your name Treasure of the Aztec's or Mysteries of the Aztec's.

Bryan wrote:
 If I might make a suggestion for the title? I personaly think Angela's Quest 
 sounds a little too generic. Might I suggest Angela Summers and the 
 Treasures of Montezuma? Or just plain Treasures of the Aztecs. We could 
 still kep the Aztec connection, which I've always thought was kinda neat.
 Time is an illusion, lunchtime doubly so.
   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-11 Thread Stefen Hudson
Now we need a Brain blaster game. Then we could all blast brains.

--
From: Dark [EMAIL PROTECTED]
Sent: Monday, February 11, 2008 2:27 AM
To: Gamers Discussion list gamers@audyssey.org
Subject: Re: [Audyssey] Important Montezuma's Return announcement

 If everyone who needed their brains blasting got them blasted, the world
 would be full of blasted brains!

 Beware the Grue!

 Dark.
 - Original Message - 
 From: Darren Harris [EMAIL PROTECTED]
 To: 'Gamers Discussion list' gamers@audyssey.org
 Sent: Sunday, February 10, 2008 11:31 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Yes well they were just stupid fools. If they want to change the name of 
 a
 book that has been around for a good few decades just because of that 
 well
 they need their brains blasting.

 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
 Behalf Of Bryan
 Sent: 10 February 2008 23:32
 To: Gamers Discussion list
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 They were the WWF for years. It was kinda like the stink some people
 raised
 about the second Lord of the Rings movie being called Two Towers. After
 September 11 they got all uptight because they said it referenced the 
 twin
 towers of the World Trade Center.
 Time is an illusion, lunchtime doubly so.
 - Original Message - 
 From: Dark [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 4:07 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 H, why would it be a good thing?

 all I can see it as is an annoyence, - though in fairness this
 does
 seem
 to come up a lot, - look at the way the world wrestling federation 
 is
 now world wrestling entertainment because the world wildlife fund
 complained
 about them using the letters wwf as their name.

 Beware the Grue!

 Dark.


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-11 Thread Dark
If everyone who needed their brains blasting got them blasted, the world 
would be full of blasted brains!

Beware the Grue!

Dark.
- Original Message - 
From: Darren Harris [EMAIL PROTECTED]
To: 'Gamers Discussion list' gamers@audyssey.org
Sent: Sunday, February 10, 2008 11:31 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Yes well they were just stupid fools. If they want to change the name of a
 book that has been around for a good few decades just because of that well
 they need their brains blasting.

 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
 Behalf Of Bryan
 Sent: 10 February 2008 23:32
 To: Gamers Discussion list
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 They were the WWF for years. It was kinda like the stink some people 
 raised
 about the second Lord of the Rings movie being called Two Towers. After
 September 11 they got all uptight because they said it referenced the twin
 towers of the World Trade Center.
 Time is an illusion, lunchtime doubly so.
 - Original Message - 
 From: Dark [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 4:07 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 H, why would it be a good thing?

 all I can see it as is an annoyence, - though in fairness this
 does
 seem
 to come up a lot, - look at the way the world wrestling federation is
 now world wrestling entertainment because the world wildlife fund
 complained
 about them using the letters wwf as their name.

 Beware the Grue!

 Dark.


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-11 Thread Darren Harris
Why don't you read every email with regarding to this subject instead of
posting pointless 1 liners that is only worth a delete key. 

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of josh
Sent: 11 February 2008 01:12
To: Gamers Discussion list
Subject: Re: [Audyssey] Important Montezuma's Return announcement


hi thomas,

why don't they download and play your game before making acuzations?

- Original Message - 
From: darren harris [EMAIL PROTECTED]
To: 'Gamers Discussion list' gamers@audyssey.org
Sent: Sunday, February 10, 2008 11:58 AM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Thomas,

 Well, a chance meeting is a chance meeting. If someone outside the 
 blind community saw this game, if they are thinking for example to 
 make a law sute against you, then in order to properly make a case 
 against you they would logically have to look at the game, both in 
 terms of how it's played, code etc so on and so forth. I'm not saying 
 they will go down that road, but in order to make a case logically or 
 I would have thought, someone would have to play the game, a 
 programmer look at the code etc to see what the viability of such a 
 case would be. Not that they would say such things at the start 
 logically there's no reason why they should. Now, lets assume for
 a moment that someone has done as I have already outlined. To look at the
 game from as many angles as they can. They will see what you've done and 
 how
 you have done it. They may even be able to play the game without the use 
 of
 eyes and I don't mean that patronisingly. It's very difficult initially 
 when
 you are used to playing games by looking, to switch over to pure audio.
 Something a total from birth could not understand. In principle yes but 
 not
 in reality. So think of it like this. They could just as easily let this
 whole thing go. But at the very least you've got a bit of exposure. At
 worced they could make a case against you. But as you have said you doubt
 very much that they will. At best? You've earn't some outside curiosity
 which may well help to spread the word with regards to making games
 accessible for blind people.

 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
 On Behalf Of Thomas Ward
 Sent: 10 February 2008 16:27
 To: Gamers Discussion list
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi,
 I don't know what good can come from this, but I am certain this will 
 blow over in a few days. I am not treating this as a big deal. Like 
 you I think they are just

 cureous more than anything else.


 Darren Harris wrote:
 Well yes I mean what's in a name anyway. Like I say this may do the 
 blind friendly games community some good anyway. Like I say this 
 doesn't actually have to be a bad thing. A funny way to go about it 
 am sure but it could well be that they are just blatently cureous 
 about the game but haven't outright said so yet.



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-11 Thread Cara Quinn
   I like both, Mayans and/or Aztecs.  I think either would make for  
an interesting and fun gaming environment.

Rock!…

Cara  :)

On Feb 11, 2008, at 7:02 PM, Thomas Ward wrote:

 Hi Bryan,
 Well, I've been doing some thinking about that, and I have decided  
 first
 off to include this game as apart of the Tomb Hunter series of games.
 This will be volume 1 in the Tomb Hunter installment featuring Angela
 Summers as are daring female treasure hunter. I've already imported  
 the
 Tomb Hunter music, and some of the ambiance so it will match up with
 volume 2 which is a First Person action adventure.
 You are right that Angela's Quest might be to generic. I have  
 considered
 making this temple an ancient Mian ruins which Angela Summers is
 exploring when she finds it is cursed with undead Mian warriors, giant
 spiders, and huge giant Pythons to start off with. Though the Aztec's
 would work too.
 If it is Aztec's we are sticking with there could be a couple of names
 we could use. Your name Treasure of the Aztec's or Mysteries of the  
 Aztec's.

 Bryan wrote:
 If I might make a suggestion for the title? I personaly think  
 Angela's Quest
 sounds a little too generic. Might I suggest Angela Summers and the
 Treasures of Montezuma? Or just plain Treasures of the Aztecs. We  
 could
 still kep the Aztec connection, which I've always thought was kinda  
 neat.
 Time is an illusion, lunchtime doubly so.



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-11 Thread Dark
Yes, i heard about that one, - utter insanity! Luckily the name wasn't 
copywrited though so it was just some idiots kicking up a stink oover 
nothing.

One interesting fact about copywriting names though, is that here in england 
the copywrite office is in cardif, so there have been some rather confusing 
mistakes with welsh accents according to my brother (who studdied law)l.

One of them concerned a pub chain who wanted to call themselves A good 
ferkin  Ferkin being an old english word for keg of beer.

I'll let you work out just how this sounds in a welsh accent ;D,   
needless to say their not called that.

Beware the Grue!

Dark. 


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-11 Thread Bryan
If I might make a suggestion for the title? I personaly think Angela's Quest 
sounds a little too generic. Might I suggest Angela Summers and the 
Treasures of Montezuma? Or just plain Treasures of the Aztecs. We could 
still kep the Aztec connection, which I've always thought was kinda neat.
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: Thomas Ward [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 9:24 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Josh,
 No. They were merely requesting that I stop using the Montezuma's Return
 title, and to change the game some.
 If you read the original posts on this issue that will explain what is
 happening without me having to rehash it all again.
 josh wrote:
 hey,
 is someone trying to sue thomas because he made the montezuma's game?



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread ari
Tell me Thomas, as I'm not clear on this, I understand a bit about naming 
and trade marks, but, what would happen, if, for example, a company invented 
a game, and another company invented practically the same game, but just 
with a different name, can you copyright a concept? Example, a person makes 
a game where they fly around in space visiting planets, and calls it Planet 
Visitor, and then someone else makes a game with exactly the same concept 
and calls it Galaxy Traveler, would the first company have a case? I've also 
wondered this in screen readers, say now JAWS have made a set of keystrokes 
for their screen reader, what would happen if another company started up, 
making a screen reader that used the exact keystrokes as JAWS, would JAWS 
have a case?
Ari 


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Dark
One artical I read on he subject said that as long as the names of original 
characters were different, and so long as the second game didn't use the 
same source code as the first, it would be absolutely fine.

Beware the Gru!

Dark.
- Original Message - 
From: ari [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 8:40 AM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Tell me Thomas, as I'm not clear on this, I understand a bit about naming
 and trade marks, but, what would happen, if, for example, a company 
 invented
 a game, and another company invented practically the same game, but just
 with a different name, can you copyright a concept? Example, a person 
 makes
 a game where they fly around in space visiting planets, and calls it 
 Planet
 Visitor, and then someone else makes a game with exactly the same concept
 and calls it Galaxy Traveler, would the first company have a case? I've 
 also
 wondered this in screen readers, say now JAWS have made a set of 
 keystrokes
 for their screen reader, what would happen if another company started up,
 making a screen reader that used the exact keystrokes as JAWS, would JAWS
 have a case?
 Ari


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 09/02/2008 11:54

 


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Bryan
How 'bout Wealth of Empires?
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: Thomas Ward [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Saturday, February 09, 2008 6:08 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Charles,
 Could be. Under the circumstances changing the name might be advisable,
 but it is too early to say one way or another. I am definitly going to
 use a name change as a consession if it comes to that.. Something like
 Angela's Quest or something along those lines would be fine. It is still
 the name game just getting away from entangling trade marks or copyrights.

 Charles Rivard wrote:
 Hmm.  Maybe another name change rather than a game modification?



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Dark
That reminds me more of an economic stratogy game Bryan,  I'd suggest 
something like Montizuma's treasures or montizuma's labyrinth

or how about, - montizuma's avengence ;D.

Beware the Grue!

Dark.
- Original Message - 
From: Bryan [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 11:25 AM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 How 'bout Wealth of Empires?
 Time is an illusion, lunchtime doubly so.
 - Original Message - 
 From: Thomas Ward [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Saturday, February 09, 2008 6:08 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Charles,
 Could be. Under the circumstances changing the name might be advisable,
 but it is too early to say one way or another. I am definitly going to
 use a name change as a consession if it comes to that.. Something like
 Angela's Quest or something along those lines would be fine. It is still
 the name game just getting away from entangling trade marks or 
 copyrights.

 Charles Rivard wrote:
 Hmm.  Maybe another name change rather than a game modification?



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Bryan
Well it couldn't be Age of Empires because that's already a game, albeit a 
totally inaccessible one for us.
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: Dark [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 5:04 AM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 That reminds me more of an economic stratogy game Bryan,  I'd suggest
 something like Montizuma's treasures or montizuma's labyrinth

 or how about, - montizuma's avengence ;D.

 Beware the Grue!

 Dark.
 - Original Message - 
 From: Bryan [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 11:25 AM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 How 'bout Wealth of Empires?
 Time is an illusion, lunchtime doubly so.
 - Original Message - 
 From: Thomas Ward [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Saturday, February 09, 2008 6:08 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Charles,
 Could be. Under the circumstances changing the name might be advisable,
 but it is too early to say one way or another. I am definitly going to
 use a name change as a consession if it comes to that.. Something like
 Angela's Quest or something along those lines would be fine. It is still
 the name game just getting away from entangling trade marks or
 copyrights.

 Charles Rivard wrote:
 Hmm.  Maybe another name change rather than a game modification?



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Thomas Ward
Hi Andy,
After I got that email yesterday I got online and did some research into 
Utopia's Montezuma's Return game. There really is not a lot of points of 
similarity to sue for copyright infringement. My game was suppose to be 
a clone of Montezuma's Revenge, not Montezuma's Return, so the story 
lines, levels, and even the lead character is different.
However, they are well in their legal rights to ask me to take the 
Montezuma's Return name off the product, and I will certainly do so if 
that is necessary. As it looks right now that is probably going to 
happen anyway.


Andy Smith wrote:
 I  agree with ya, this is crazy. What similarities are in the two games?
   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Thomas Ward
Hi Kuvvosh,
Very true, but even so I did use their name and if that is the only 
copyright issue they have I'll simply change the name of the game. 
Perhaps I will make a couple of other changes here and there to make the 
game less like Montezuma's Revenge/Return to keep from being accused 
again of copyright and trade mark issues with the game in the future.


Kuvvosh wrote:
 I'm sorry to say,  But the game that Thomas is making can't really be a copy
 right issue, as far, as if he using public domain sounds and the fact he is
 not using any graphical parts of the original game.  I'm sure all the levels
 are not even anywhere near the real game.

 Heck the coding of the game is probley so far off from the original as well.

 I really think the person that claiming copy right issue is stupid. 

 Just my two cents.

 Kuvvosh
   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Thomas Ward
Hi Dark,
I honestly don't think much is going to come of this for the same 
reasons you mentioned below. The game they have is no longer on sale, 
the company is bust, and game companies have used similar themes and 
characters all the time. In this case my game is quite a bit different 
than there games so they have no real case.
Besides at this point I think right now I am just being questioned. They 
want to know what I am doing with the title, find out how similar my 
game is, and they have not threatened me at all.

Dark wrote:
 Hello tom.

 It actually makes me rather angry how petty people can be over copyrights. 
 copyright laws were afterall created to protect good ideas and concepts, not 
 to nit pick.

 this game is plainly not on sale anymore (a quick google for Montizuma's 
 return brought up nothing), so this fool is just making trouble for the sake 
 of making trouble.

 While he might have a case over the name montizuma's return, the actual game 
 content I should think would be none of his business.

 even in the mainstream, there have been cases of games which have been so 
 similar in theme as to be incredibly suspect,  the original streets of 
 rage and final fight for example, which had incredibly similar gameplay, 
 virtually the same setting with similar levels, - streets, park, bar, 
 finishing in a pent house, - Axle and Cody even dressed in the same 
 geens and T shirt, both had blond hair and wrist bands,  and even had 
 the same punch combo.

 therefore if absolutely necessary make a name change, but I don't see why 
 you would have to alter any game content just to panda to this petty minded 
 individual. rolling skulls, snakes, spiders and all the other monti elements 
 have afterall appeared in many other games,  Ghosts and goblins had 
 rolling skulls for example, pitfall had snakes pits and ropes etc.

 there are even cases of small companies producing commercial retro themed 
 games with almost identical gameplay and game elements (even down to same 
 main character and names), as original games, - I've come across several 
 examples of boulderdash and loadrunner in this line, myself.

 I hope this isn't going to have to cause you a lot of trouble, sinse 
 obviously you have much better and worth while things to do.

 Beware the Sue!

 Dark. 


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Darren Harris
Well yes I mean what's in a name anyway. Like I say this may do the blind
friendly games community some good anyway. Like I say this doesn't actually
have to be a bad thing. A funny way to go about it am sure but it could well
be that they are just blatently cureous about the game but haven't outright
said so yet.

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Thomas Ward
Sent: 10 February 2008 14:48
To: Gamers Discussion list
Subject: Re: [Audyssey] Important Montezuma's Return announcement


Hi Dark,
Again correct. I am not so worried about the enemies and main character. 
I personally think the only point of conflict is the games name which I 
will agree to change if that is what they want me to do.


Dark wrote:
 Only I think if it used the same character names to which you also had
 copywrite,  Eg, if this other Montizumas return had a doctor angela 
 summers. rolling skulls, snakes and other enemies are so generic, that if 
 they were copywrite, not many games at all would be able to use them even
if 
 the names were similar, - Eg, both the mainstream games Tetris and 
 columns, which have amazingly similar gameplay and were on rival systems
at 
 the time have combo point bonuses, refer to their falling matchable
objects 
 as blocks, have a speed mode etc.

 some games have even taken it further, streetfighter had a 
 wandering
 martial artist called Ryu, Art of fighting had Ryo.

 Heck! even names can be mucked about with, the game primal rage even 
 had a
 character called sauron, - though pronounced soron, not in the 
 traditional tolkeen way.

 Beware the Grue!

 Dark.



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Thomas Ward
Hi William,
Well, keep in mind I didn't conceive the idea of writing Montezuma's 
Revenge or Montezuma's Return to begin with. That was James North's idea 
to recreate Montezuma's Revenge. I merely took over the project, and 
this is the results of using a name of a game that already existed.

william lomas wrote:
 hi so why was this game even concieved int he first place if it has so  
 many copyright issues what's the point in even developin it any more  
 if loads of version exists already
   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Thomas Ward
Hi Dark,
Again correct. I am not so worried about the enemies and main character. 
I personally think the only point of conflict is the games name which I 
will agree to change if that is what they want me to do.


Dark wrote:
 Only I think if it used the same character names to which you also had 
 copywrite,  Eg, if this other Montizumas return had a doctor angela 
 summers. rolling skulls, snakes and other enemies are so generic, that if 
 they were copywrite, not many games at all would be able to use them even if 
 the names were similar, - Eg, both the mainstream games Tetris and 
 columns, which have amazingly similar gameplay and were on rival systems at 
 the time have combo point bonuses, refer to their falling matchable objects 
 as blocks, have a speed mode etc.

 some games have even taken it further, streetfighter had a wandering 
 martial artist called Ryu, Art of fighting had Ryo.

 Heck! even names can be mucked about with, the game primal rage even had a 
 character called sauron, - though pronounced soron, not in the 
 traditional tolkeen way.

 Beware the Grue!

 Dark.



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Darren Harris
I'd love to see what james would have done, with his customer atitude he had
he probably would have told them to go run and jump lol. Sorry I just don't
like the guy at all. 

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Thomas Ward
Sent: 10 February 2008 14:45
To: Gamers Discussion list
Subject: Re: [Audyssey] Important Montezuma's Return announcement


Hi William,
Well, keep in mind I didn't conceive the idea of writing Montezuma's 
Revenge or Montezuma's Return to begin with. That was James North's idea 
to recreate Montezuma's Revenge. I merely took over the project, and 
this is the results of using a name of a game that already existed.

william lomas wrote:
 hi so why was this game even concieved int he first place if it has so
 many copyright issues what's the point in even developin it any more  
 if loads of version exists already
   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Bryan
Honestly I don't see how this could benefit us. Let's face it. If mainstream 
devs weren't going to try to make their games more blind friendly years and 
years ago, there's nothing to say they are going to start now.
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: Darren Harris [EMAIL PROTECTED]
To: 'Gamers Discussion list' gamers@audyssey.org
Sent: Sunday, February 10, 2008 7:49 AM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Well yes I mean what's in a name anyway. Like I say this may do the blind
 friendly games community some good anyway. Like I say this doesn't 
 actually
 have to be a bad thing. A funny way to go about it am sure but it could 
 well
 be that they are just blatently cureous about the game but haven't 
 outright
 said so yet.

 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
 Behalf Of Thomas Ward
 Sent: 10 February 2008 14:48
 To: Gamers Discussion list
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Dark,
 Again correct. I am not so worried about the enemies and main character.
 I personally think the only point of conflict is the games name which I
 will agree to change if that is what they want me to do.


 Dark wrote:
 Only I think if it used the same character names to which you also had
 copywrite,  Eg, if this other Montizumas return had a doctor angela
 summers. rolling skulls, snakes and other enemies are so generic, that if
 they were copywrite, not many games at all would be able to use them even
 if
 the names were similar, - Eg, both the mainstream games Tetris and
 columns, which have amazingly similar gameplay and were on rival systems
 at
 the time have combo point bonuses, refer to their falling matchable
 objects
 as blocks, have a speed mode etc.

 some games have even taken it further, streetfighter had a
 wandering
 martial artist called Ryu, Art of fighting had Ryo.

 Heck! even names can be mucked about with, the game primal rage even
 had a
 character called sauron, - though pronounced soron, not in the
 traditional tolkeen way.

 Beware the Grue!

 Dark.



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 10/02/2008
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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Bryan
That's what I've said in other threads. There was a huge debate on 
audiogames.net about making an audio game in the style of Metroid. Sure 
Metroid, Samus and other characters and items in those games couldn't be 
used, but the idea of a bounty hunter with a ccybernetic suit exploring a 
huge planet to stop a band of space pirates could be used. Any number of 
games, shows and movies use that plotline in one form or another, though not 
necessarily in the same way.
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: Thomas Ward [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 8:04 AM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Ari,
 Actually, that kind of cloning the same game under a new title happens
 all the time with game companies. For example, there are several
 Asteroid clones out there like Maelstrom, Vectoroids, SDLRoids,
 Astroblaster, etc. Apparently they are all legal because they can't
 copyright an idea of a spaceship blowing up asteroids or mediors in
 space. All they really can hold onto is the trade marked name Asteroids.
 As I have mentioned so many times on list Lara Croft and the Tomb Raider
 games are a spin off from Indiana Jones. Lucas can't sue for copyright
 damages, because the idea of an archaeologist hunting for treasure is a
 concept, an idea, to broad to copyright. Since the characters is
 different, the name of the games is different, there is no copyright
 infringement even though everyone knows where the idea of the games came
 from.

 ari wrote:
 Tell me Thomas, as I'm not clear on this, I understand a bit about naming
 and trade marks, but, what would happen, if, for example, a company 
 invented
 a game, and another company invented practically the same game, but just
 with a different name, can you copyright a concept? Example, a person 
 makes
 a game where they fly around in space visiting planets, and calls it 
 Planet
 Visitor, and then someone else makes a game with exactly the same concept
 and calls it Galaxy Traveler, would the first company have a case? I've 
 also
 wondered this in screen readers, say now JAWS have made a set of 
 keystrokes
 for their screen reader, what would happen if another company started up,
 making a screen reader that used the exact keystrokes as JAWS, would JAWS
 have a case?
 Ari


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Bryan
And you missed the most important point there William. Those loads of 
versions aren't accessible to us.
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: Thomas Ward [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 7:44 AM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi William,
 Well, keep in mind I didn't conceive the idea of writing Montezuma's
 Revenge or Montezuma's Return to begin with. That was James North's idea
 to recreate Montezuma's Revenge. I merely took over the project, and
 this is the results of using a name of a game that already existed.

 william lomas wrote:
 hi so why was this game even concieved int he first place if it has so
 many copyright issues what's the point in even developin it any more
 if loads of version exists already



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Thomas Ward
Hi,
I don't know what good can come from this, but I am certain this will 
blow over in a few days. I am not treating this as a big deal. Like you 
I think they are just

cureous more than anything else.


Darren Harris wrote:
 Well yes I mean what's in a name anyway. Like I say this may do the blind
 friendly games community some good anyway. Like I say this doesn't actually
 have to be a bad thing. A funny way to go about it am sure but it could well
 be that they are just blatently cureous about the game but haven't outright
 said so yet.
   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread darren harris
Hi Thomas,

Well, a chance meeting is a chance meeting. If someone outside the blind
community saw this game, if they are thinking for example to make a law sute
against you, then in order to properly make a case against you they would
logically have to look at the game, both in terms of how it's played, code
etc so on and so forth. I'm not saying they will go down that road, but in
order to make a case logically or I would have thought, someone would have
to play the game, a programmer look at the code etc to see what the
viability of such a case would be. Not that they would say such things at
the start logically there's no reason why they should. Now, lets assume for
a moment that someone has done as I have already outlined. To look at the
game from as many angles as they can. They will see what you've done and how
you have done it. They may even be able to play the game without the use of
eyes and I don't mean that patronisingly. It's very difficult initially when
you are used to playing games by looking, to switch over to pure audio.
Something a total from birth could not understand. In principle yes but not
in reality. So think of it like this. They could just as easily let this
whole thing go. But at the very least you've got a bit of exposure. At
worced they could make a case against you. But as you have said you doubt
very much that they will. At best? You've earn't some outside curiosity
which may well help to spread the word with regards to making games
accessible for blind people. 

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Thomas Ward
Sent: 10 February 2008 16:27
To: Gamers Discussion list
Subject: Re: [Audyssey] Important Montezuma's Return announcement


Hi,
I don't know what good can come from this, but I am certain this will 
blow over in a few days. I am not treating this as a big deal. Like you 
I think they are just

cureous more than anything else.


Darren Harris wrote:
 Well yes I mean what's in a name anyway. Like I say this may do the 
 blind friendly games community some good anyway. Like I say this 
 doesn't actually have to be a bad thing. A funny way to go about it am 
 sure but it could well be that they are just blatently cureous about 
 the game but haven't outright said so yet.
   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Dark
I'd stil personally like the astech connection,  and maybe even the 
connection to Emperor Montizuma as well. sinse afterall, there have been 
several empires through history and it'd be nice to speciicaally say to 
which the game refers.

Beware the Grue!

Dark.
- Original Message - 
From: Bryan [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 12:55 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Well it couldn't be Age of Empires because that's already a game, albeit a
 totally inaccessible one for us.
 Time is an illusion, lunchtime doubly so.
 - Original Message - 
 From: Dark [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 5:04 AM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 That reminds me more of an economic stratogy game Bryan,  I'd suggest
 something like Montizuma's treasures or montizuma's labyrinth

 or how about, - montizuma's avengence ;D.

 Beware the Grue!

 Dark.
 - Original Message - 
 From: Bryan [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 11:25 AM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 How 'bout Wealth of Empires?
 Time is an illusion, lunchtime doubly so.
 - Original Message - 
 From: Thomas Ward [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Saturday, February 09, 2008 6:08 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Charles,
 Could be. Under the circumstances changing the name might be advisable,
 but it is too early to say one way or another. I am definitly going to
 use a name change as a consession if it comes to that.. Something like
 Angela's Quest or something along those lines would be fine. It is 
 still
 the name game just getting away from entangling trade marks or
 copyrights.

 Charles Rivard wrote:
 Hmm.  Maybe another name change rather than a game modification?



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Dark
Though as I said in that thread Bryan, one nice thing is that we don't have 
to borrow a game's plot entirely just to use similar elements, so are not 
streight jacketed by the original.

Why would the hero of an audio metroid-alike game have to be a bounty 
hunter? or female? or fight space pirates,  though could just be 
exploring a mysterious alien planet, or fighting off an army, or carrying 
out missions or a heck of a lot of other things.

Beware the Grue!

Dark. 


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Dark
H, why would it be a good thing?

all I can see it as is an annoyence, - though in fairness this does seem 
to come up a lot, - look at the way the world wrestling federation is 
now world wrestling entertainment because the world wildlife fund complained 
about them using the letters wwf as their name.

Beware the Grue!

Dark.


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Dark
Hi tom.

well, I hope they see reason,  especially if their game is significantly 
different.

Even if it isn't though, unless they have a main character with the same 
name (highly unlikely), I don't think you should change anything more than 
the name if necessary for the reasons I mentioned.

Besides, as far as I understand game copyrights, it's the source code and 
graphics that are copywrited along with the name, not the concept.

I remember reading on one site that you could quite happily create a clone 
of a game with the same concept, game elements and even similar graphics and 
sound so long as you did it all from scratch not ripping things from the 
original.

The fact that this other montizumas return was not an accessible game and 
thus vastly different in nature to begin with makes such arguements even 
more pointless.

Hopefully though, this can be got around with as litle fuss as 
possible,  and at worst another name change.

Beware the Grue!

Dark. 


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Bryan
They were the WWF for years. It was kinda like the stink some people raised 
about the second Lord of the Rings movie being called Two Towers. After 
September 11 they got all uptight because they said it referenced the twin 
towers of the World Trade Center.
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: Dark [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 4:07 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 H, why would it be a good thing?

 all I can see it as is an annoyence, - though in fairness this does 
 seem
 to come up a lot, - look at the way the world wrestling federation is
 now world wrestling entertainment because the world wildlife fund 
 complained
 about them using the letters wwf as their name.

 Beware the Grue!

 Dark.


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Darren Harris
Yes well they were just stupid fools. If they want to change the name of a
book that has been around for a good few decades just because of that well
they need their brains blasting. 

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Bryan
Sent: 10 February 2008 23:32
To: Gamers Discussion list
Subject: Re: [Audyssey] Important Montezuma's Return announcement


They were the WWF for years. It was kinda like the stink some people raised 
about the second Lord of the Rings movie being called Two Towers. After 
September 11 they got all uptight because they said it referenced the twin 
towers of the World Trade Center.
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: Dark [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 4:07 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 H, why would it be a good thing?

 all I can see it as is an annoyence, - though in fairness this 
 does
 seem
 to come up a lot, - look at the way the world wrestling federation is
 now world wrestling entertainment because the world wildlife fund 
 complained
 about them using the letters wwf as their name.

 Beware the Grue!

 Dark.


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread josh
hey tom, what is the email of the guy who emailed you about the copyright?

- Original Message - 
From: Dark [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Saturday, February 09, 2008 9:17 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hello tom.

 It actually makes me rather angry how petty people can be over copyrights.
 copyright laws were afterall created to protect good ideas and concepts, 
 not
 to nit pick.

 this game is plainly not on sale anymore (a quick google for Montizuma's
 return brought up nothing), so this fool is just making trouble for the 
 sake
 of making trouble.

 While he might have a case over the name montizuma's return, the actual 
 game
 content I should think would be none of his business.

 even in the mainstream, there have been cases of games which have been so
 similar in theme as to be incredibly suspect,  the original streets of
 rage and final fight for example, which had incredibly similar gameplay,
 virtually the same setting with similar levels, - streets, park, bar,
 finishing in a pent house, - Axle and Cody even dressed in the same
 geens and T shirt, both had blond hair and wrist bands,  and even had
 the same punch combo.

 therefore if absolutely necessary make a name change, but I don't see why
 you would have to alter any game content just to panda to this petty 
 minded
 individual. rolling skulls, snakes, spiders and all the other monti 
 elements
 have afterall appeared in many other games,  Ghosts and goblins had
 rolling skulls for example, pitfall had snakes pits and ropes etc.

 there are even cases of small companies producing commercial retro themed
 games with almost identical gameplay and game elements (even down to same
 main character and names), as original games, - I've come across 
 several
 examples of boulderdash and loadrunner in this line, myself.

 I hope this isn't going to have to cause you a lot of trouble, sinse
 obviously you have much better and worth while things to do.

 Beware the Sue!

 Dark.


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread josh
what about if you just keep the motezuma's return, but lets say you 
purposely misspell it.
call it something like
montezoomas retern.
look at that spelling with your arrow keys guys.


- Original Message - 
From: Thomas Ward [EMAIL PROTECTED]
To: Andy Smith [EMAIL PROTECTED]; Gamers Discussion list 
gamers@audyssey.org
Sent: Sunday, February 10, 2008 9:19 AM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Andy,
 After I got that email yesterday I got online and did some research into
 Utopia's Montezuma's Return game. There really is not a lot of points of
 similarity to sue for copyright infringement. My game was suppose to be
 a clone of Montezuma's Revenge, not Montezuma's Return, so the story
 lines, levels, and even the lead character is different.
 However, they are well in their legal rights to ask me to take the
 Montezuma's Return name off the product, and I will certainly do so if
 that is necessary. As it looks right now that is probably going to
 happen anyway.


 Andy Smith wrote:
 I  agree with ya, this is crazy. What similarities are in the two games?



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Charles Rivard
Those people knew absolutely nothing about the Lord of the Rings, though, as 
evidenced by their complaints.  It would be like describing someone as 
carrying an Arkansas toothpick on one hip and a Bowie knife on the other. 
Anyone who knows anything about the old West knows that they are the same 
thing.  The people who complain about the title of the second movie should 
be asked what the title of the second of the 3 books is.

---
If you don't stand behind our troops,
please, feel free ... to stand in front of them!

- Original Message - 
From: Bryan [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 3:32 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 They were the WWF for years. It was kinda like the stink some people 
 raised
 about the second Lord of the Rings movie being called Two Towers. After
 September 11 they got all uptight because they said it referenced the twin
 towers of the World Trade Center.
 Time is an illusion, lunchtime doubly so.
 - Original Message - 
 From: Dark [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 4:07 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 H, why would it be a good thing?

 all I can see it as is an annoyence, - though in fairness this does
 seem
 to come up a lot, - look at the way the world wrestling federation is
 now world wrestling entertainment because the world wildlife fund
 complained
 about them using the letters wwf as their name.

 Beware the Grue!

 Dark.


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Thomas Ward
Hi Dark,
Absolutely true. In fact, one of the hardest things about Monte was I 
was being pulled in two different directions as far as game design went. 
I had the game purests who wanted absolute authentic Monte. I had 
younger gamers going ad this, this, and this.
Well, now that I have just agreed to change the games title, and drop 
some of the more specific Monte-like elements I think I am not quite as 
strait jacketed by the original, and should have some free license to do 
something creative with it Add in some skeleton warriors, falling 
boulders, and make it more along a TR theme in a side-scroller type play.


Dark wrote:
 Though as I said in that thread Bryan, one nice thing is that we don't have 
 to borrow a game's plot entirely just to use similar elements, so are not 
 streight jacketed by the original.

 Why would the hero of an audio metroid-alike game have to be a bounty 
 hunter? or female? or fight space pirates,  though could just be 
 exploring a mysterious alien planet, or fighting off an army, or carrying 
 out missions or a heck of a lot of other things.

 Beware the Grue!

 Dark. 


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread josh
I still say it's a bunch of krap that you have to change your game to make 
someone who hasn't clue about audio games happy. if it were me I would 
refuse.

- Original Message - 
From: Thomas Ward [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 7:24 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Dark,
 Actually, their Montezuma's Return game was a full fledged 3D FPS
 shooter. The character was a guy, and the story was quite a lot
 different. Never-the-less I agreed to remove the name from my game,
 which they were cool with, and I am going to modify the levels some so
 they aren't exactly clones of Montezuma's Revenge.


 Dark wrote:
 Hi tom.

 well, I hope they see reason,  especially if their game is 
 significantly
 different.

 Even if it isn't though, unless they have a main character with the same
 name (highly unlikely), I don't think you should change anything more 
 than
 the name if necessary for the reasons I mentioned.

 Besides, as far as I understand game copyrights, it's the source code and
 graphics that are copywrited along with the name, not the concept.

 I remember reading on one site that you could quite happily create a 
 clone
 of a game with the same concept, game elements and even similar graphics 
 and
 sound so long as you did it all from scratch not ripping things from the
 original.

 The fact that this other montizumas return was not an accessible game and
 thus vastly different in nature to begin with makes such arguements even
 more pointless.

 Hopefully though, this can be got around with as litle fuss as
 possible,  and at worst another name change.

 Beware the Grue!

 Dark.


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread josh
hi thomas,

why don't they download and play your game before making acuzations?

- Original Message - 
From: darren harris [EMAIL PROTECTED]
To: 'Gamers Discussion list' gamers@audyssey.org
Sent: Sunday, February 10, 2008 11:58 AM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Thomas,

 Well, a chance meeting is a chance meeting. If someone outside the blind
 community saw this game, if they are thinking for example to make a law 
 sute
 against you, then in order to properly make a case against you they would
 logically have to look at the game, both in terms of how it's played, code
 etc so on and so forth. I'm not saying they will go down that road, but in
 order to make a case logically or I would have thought, someone would have
 to play the game, a programmer look at the code etc to see what the
 viability of such a case would be. Not that they would say such things at
 the start logically there's no reason why they should. Now, lets assume 
 for
 a moment that someone has done as I have already outlined. To look at the
 game from as many angles as they can. They will see what you've done and 
 how
 you have done it. They may even be able to play the game without the use 
 of
 eyes and I don't mean that patronisingly. It's very difficult initially 
 when
 you are used to playing games by looking, to switch over to pure audio.
 Something a total from birth could not understand. In principle yes but 
 not
 in reality. So think of it like this. They could just as easily let this
 whole thing go. But at the very least you've got a bit of exposure. At
 worced they could make a case against you. But as you have said you doubt
 very much that they will. At best? You've earn't some outside curiosity
 which may well help to spread the word with regards to making games
 accessible for blind people.

 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
 Behalf Of Thomas Ward
 Sent: 10 February 2008 16:27
 To: Gamers Discussion list
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi,
 I don't know what good can come from this, but I am certain this will
 blow over in a few days. I am not treating this as a big deal. Like you
 I think they are just

 cureous more than anything else.


 Darren Harris wrote:
 Well yes I mean what's in a name anyway. Like I say this may do the
 blind friendly games community some good anyway. Like I say this
 doesn't actually have to be a bad thing. A funny way to go about it am
 sure but it could well be that they are just blatently cureous about
 the game but haven't outright said so yet.



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Bryan
Exactly. Te book was the Two Towers long before 9/11 even happened. And what 
would he have called the movie anyway? The Two Cilindrical Domiciles?
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: Ron Schamerhorn [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 5:24 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 All I have to say about the towers is that some folks are just way too up
 tight.

 - Original Message - 
 From: Bryan [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 6:32 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 They were the WWF for years. It was kinda like the stink some people 
 raised
 about the second Lord of the Rings movie being called Two Towers. After
 September 11 they got all uptight because they said it referenced the twin
 towers of the World Trade Center.
 Time is an illusion, lunchtime doubly so.


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Andy Smith
Don't do it and get charged up the wazoo for not doing something as changing 
the name? I personally like 
Angela's Quest. Really gives it a good feel.


On Sun, 10 Feb 2008 20:18:57 -0500, josh wrote:


I still say it's a bunch of krap that you have to change your game to 
make 
someone who hasn't clue about audio games happy. if it were me I would 
refuse.

- Original Message - 
From: Thomas Ward [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 7:24 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


Hi Dark,
Actually, their Montezuma's Return game was a full fledged 3D FPS
shooter. The character was a guy, and the story was quite a lot
different. Never-the-less I agreed to remove the name from my game,
which they were cool with, and I am going to modify the levels some so
they aren't exactly clones of Montezuma's Revenge.


Dark wrote:
Hi tom.

well, I hope they see reason,  especially if their game is 
significantly
different.

Even if it isn't though, unless they have a main character with the same
name (highly unlikely), I don't think you should change anything more 
than
the name if necessary for the reasons I mentioned.

Besides, as far as I understand game copyrights, it's the source code 
and
graphics that are copywrited along with the name, not the concept.

I remember reading on one site that you could quite happily create a 
clone
of a game with the same concept, game elements and even similar graphics 

and
sound so long as you did it all from scratch not ripping things from the
original.

The fact that this other montizumas return was not an accessible game 
and
thus vastly different in nature to begin with makes such arguements even
more pointless.

Hopefully though, this can be got around with as litle fuss as
possible,  and at worst another name change.

Beware the Grue!

Dark.


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Bryan
No, but he does have to change the name again.
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: josh [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 5:33 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 hey,
 is someone trying to sue thomas because he made the montezuma's game?

 - Original Message - 
 From: Darren Harris [EMAIL PROTECTED]
 To: 'Gamers Discussion list' gamers@audyssey.org
 Sent: Saturday, February 09, 2008 5:53 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 It's got nothing to do with blind people. Stop using that as a point of
 contention. They are drawing points to the fact that they are saying that
 the game titles are similar. They won't care nore will a court about the
 fact that thomas is making it accessible for blind people to play. I like
 the accessible games and the like but you can't call a fowl play card if
 someone in the end pulls you up on it. This goes right back to the point
 we
 were talking about the other day ref piracy and copywrites.

 I do hope that thomas can complete his game though because I like what I
 have read so far with regards to content.

 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
 Behalf Of ari
 Sent: 09 February 2008 23:20
 To: Gamers Discussion list
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 really Thomas, feel very sorry for you about this, can't stand bloody 
 evil
 people like that, these big bullying corporate-types who try and find
 anything to sue over to just make money, that's the one thing I find not
 great about America, the culture over there of people just wanting to 
 find
 problems and suing all the time. It's absolutely disgusting, I mean, how
 could anyone even confuse them with you, you are making a game for blind
 people, they're not even bothering to do that anyway.
 Ari


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread josh
they can't sue you for what you don't have. if you have it they can sue you.

- Original Message - 
From: Bryan [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 8:48 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 And possibly get sued for money he just doesn't have?
 Time is an illusion, lunchtime doubly so.
 - Original Message - 
 From: josh [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 6:18 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


I still say it's a bunch of krap that you have to change your game to make
 someone who hasn't clue about audio games happy. if it were me I would
 refuse.

 - Original Message - 
 From: Thomas Ward [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 7:24 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Dark,
 Actually, their Montezuma's Return game was a full fledged 3D FPS
 shooter. The character was a guy, and the story was quite a lot
 different. Never-the-less I agreed to remove the name from my game,
 which they were cool with, and I am going to modify the levels some so
 they aren't exactly clones of Montezuma's Revenge.


 Dark wrote:
 Hi tom.

 well, I hope they see reason,  especially if their game is
 significantly
 different.

 Even if it isn't though, unless they have a main character with the 
 same
 name (highly unlikely), I don't think you should change anything more
 than
 the name if necessary for the reasons I mentioned.

 Besides, as far as I understand game copyrights, it's the source code
 and
 graphics that are copywrited along with the name, not the concept.

 I remember reading on one site that you could quite happily create a
 clone
 of a game with the same concept, game elements and even similar 
 graphics
 and
 sound so long as you did it all from scratch not ripping things from 
 the
 original.

 The fact that this other montizumas return was not an accessible game
 and
 thus vastly different in nature to begin with makes such arguements 
 even
 more pointless.

 Hopefully though, this can be got around with as litle fuss as
 possible,  and at worst another name change.

 Beware the Grue!

 Dark.


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Bryan
A mainstream dev isn't going to care about that. If they perceive something 
as being a violation to their copyright and they're strict enough about it 
they'll find a way to deal with it, usually one that means the rest of us 
can't enjoy the game. Besides, now that Thmas has agreed to change the name 
of the game he can't very well back out on that. Besides, he seems like too 
much of an honorable person to do that.
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: josh [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 6:51 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 they can't sue you for what you don't have. if you have it they can sue 
 you.

 - Original Message - 
 From: Bryan [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 8:48 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 And possibly get sued for money he just doesn't have?
 Time is an illusion, lunchtime doubly so.
 - Original Message - 
 From: josh [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 6:18 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


I still say it's a bunch of krap that you have to change your game to 
make
 someone who hasn't clue about audio games happy. if it were me I would
 refuse.

 - Original Message - 
 From: Thomas Ward [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 7:24 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Dark,
 Actually, their Montezuma's Return game was a full fledged 3D FPS
 shooter. The character was a guy, and the story was quite a lot
 different. Never-the-less I agreed to remove the name from my game,
 which they were cool with, and I am going to modify the levels some so
 they aren't exactly clones of Montezuma's Revenge.


 Dark wrote:
 Hi tom.

 well, I hope they see reason,  especially if their game is
 significantly
 different.

 Even if it isn't though, unless they have a main character with the
 same
 name (highly unlikely), I don't think you should change anything more
 than
 the name if necessary for the reasons I mentioned.

 Besides, as far as I understand game copyrights, it's the source code
 and
 graphics that are copywrited along with the name, not the concept.

 I remember reading on one site that you could quite happily create a
 clone
 of a game with the same concept, game elements and even similar
 graphics
 and
 sound so long as you did it all from scratch not ripping things from
 the
 original.

 The fact that this other montizumas return was not an accessible game
 and
 thus vastly different in nature to begin with makes such arguements
 even
 more pointless.

 Hopefully though, this can be got around with as litle fuss as
 possible,  and at worst another name change.

 Beware the Grue!

 Dark.


 ---
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 If you want to leave the list, send E-mail to
 [EMAIL PROTECTED]
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 Version: 7.5.516 / Virus Database: 269.20.0/1268 - Release Date:
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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread josh
yep true

- Original Message - 
From: Bryan [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 10:02 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


A mainstream dev isn't going to care about that. If they perceive something
 as being a violation to their copyright and they're strict enough about it
 they'll find a way to deal with it, usually one that means the rest of us
 can't enjoy the game. Besides, now that Thmas has agreed to change the 
 name
 of the game he can't very well back out on that. Besides, he seems like 
 too
 much of an honorable person to do that.
 Time is an illusion, lunchtime doubly so.
 - Original Message - 
 From: josh [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 6:51 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 they can't sue you for what you don't have. if you have it they can sue
 you.

 - Original Message - 
 From: Bryan [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 8:48 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 And possibly get sued for money he just doesn't have?
 Time is an illusion, lunchtime doubly so.
 - Original Message - 
 From: josh [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 6:18 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


I still say it's a bunch of krap that you have to change your game to
make
 someone who hasn't clue about audio games happy. if it were me I would
 refuse.

 - Original Message - 
 From: Thomas Ward [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 7:24 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Dark,
 Actually, their Montezuma's Return game was a full fledged 3D FPS
 shooter. The character was a guy, and the story was quite a lot
 different. Never-the-less I agreed to remove the name from my game,
 which they were cool with, and I am going to modify the levels some so
 they aren't exactly clones of Montezuma's Revenge.


 Dark wrote:
 Hi tom.

 well, I hope they see reason,  especially if their game is
 significantly
 different.

 Even if it isn't though, unless they have a main character with the
 same
 name (highly unlikely), I don't think you should change anything more
 than
 the name if necessary for the reasons I mentioned.

 Besides, as far as I understand game copyrights, it's the source code
 and
 graphics that are copywrited along with the name, not the concept.

 I remember reading on one site that you could quite happily create a
 clone
 of a game with the same concept, game elements and even similar
 graphics
 and
 sound so long as you did it all from scratch not ripping things from
 the
 original.

 The fact that this other montizumas return was not an accessible game
 and
 thus vastly different in nature to begin with makes such arguements
 even
 more pointless.

 Hopefully though, this can be got around with as litle fuss as
 possible,  and at worst another name change.

 Beware the Grue!

 Dark.


 ---
 Gamers mailing list __ Gamers@audyssey.org
 If you want to leave the list, send E-mail to
 [EMAIL PROTECTED]
 You can make changes or update your subscription via the web, at
 http://audyssey.org/mailman/listinfo/gamers_audyssey.org.
 All messages are archived and can be searched and read at
 http://www.mail-archive.com/[EMAIL PROTECTED]
 If you have any questions or concerns regarding the management of the
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 please send E-mail to [EMAIL PROTECTED]





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 Version: 7.5.516 / Virus Database: 269.20.0/1268 - Release Date:
 2/9/2008
 11:54 AM





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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Charles Rivard
Apparently, you don't understand.

---
If you don't stand behind our troops,
please, feel free ... to stand in front of them!

- Original Message - 
From: josh [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 5:18 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


I still say it's a bunch of krap that you have to change your game to make
 someone who hasn't clue about audio games happy. if it were me I would
 refuse.

 - Original Message - 
 From: Thomas Ward [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Sunday, February 10, 2008 7:24 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Dark,
 Actually, their Montezuma's Return game was a full fledged 3D FPS
 shooter. The character was a guy, and the story was quite a lot
 different. Never-the-less I agreed to remove the name from my game,
 which they were cool with, and I am going to modify the levels some so
 they aren't exactly clones of Montezuma's Revenge.


 Dark wrote:
 Hi tom.

 well, I hope they see reason,  especially if their game is
 significantly
 different.

 Even if it isn't though, unless they have a main character with the same
 name (highly unlikely), I don't think you should change anything more
 than
 the name if necessary for the reasons I mentioned.

 Besides, as far as I understand game copyrights, it's the source code 
 and
 graphics that are copywrited along with the name, not the concept.

 I remember reading on one site that you could quite happily create a
 clone
 of a game with the same concept, game elements and even similar graphics
 and
 sound so long as you did it all from scratch not ripping things from the
 original.

 The fact that this other montizumas return was not an accessible game 
 and
 thus vastly different in nature to begin with makes such arguements even
 more pointless.

 Hopefully though, this can be got around with as litle fuss as
 possible,  and at worst another name change.

 Beware the Grue!

 Dark.


 ---
 Gamers mailing list __ Gamers@audyssey.org
 If you want to leave the list, send E-mail to
 [EMAIL PROTECTED]
 You can make changes or update your subscription via the web, at
 http://audyssey.org/mailman/listinfo/gamers_audyssey.org.
 All messages are archived and can be searched and read at
 http://www.mail-archive.com/[EMAIL PROTECTED]
 If you have any questions or concerns regarding the management of the
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 please send E-mail to [EMAIL PROTECTED]





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 If you have any questions or concerns regarding the management of the
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 -- 
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 Checked by AVG Free Edition.
 Version: 7.5.516 / Virus Database: 269.20.0/1268 - Release Date: 2/9/2008
 11:54 AM





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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Charles Rivard
What would be the point in that from Thomas's perspective?  Zero income for 
all the time and work?  Somehow, I don't think so.

---
If you don't stand behind our troops,
please, feel free ... to stand in front of them!

- Original Message - 
From: josh [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Sunday, February 10, 2008 4:48 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 suppose for example you were not planning to sell the game and were to
 release it as free? then could they still sue you?

 - Original Message - 
 From: Thomas Ward [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Saturday, February 09, 2008 8:14 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Charles,
 Yes, exactly. I said as much at the end of my original post. There is no
 reason to go pushing panic buttons yet. I merely want to inform or
 advise everyone that I have been officially contacted/notified, and I am
 dealing with an unexpected situation.
 I also don't want to release Beta 10 with some unexpected changes. Wo
 dude where did that skeliton warrior come from, or why did you name it
 to Angela's Quest. I believe in letting my customers know what I know it
 when I know it, or at least inform them of possible changes ahead.

 Charles Rivard wrote:
 Before this goes too far, did anyone notice that there's no need to
 panic?
 I figure that it can be reasonably worked out in, hopefully, a friendly
 way.
 If a game previously existed with the same name, and the game was
 basically
 like the USA Games product, and the developer of the older game is no
 longer
 selling the game, maybe something as simple as a disclaimer can be added
 in
 the instructions or license agreement or something.  Who knows.  For 
 now,
 Thomas is merely letting us all know what's come up, and I appreciate 
 it.
 Before we start cutting someone else down, or before we use blindness as
 a
 reason why he should be allowed to produce a game for blind people that
 someone else has had the chance to and did not, let's let the chips fall
 where they may, let them work things out, and then we can post whatever,
 as
 long as we do it reasonably?  Thanks.




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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Thomas Ward
Hi Josh,
No. They were merely requesting that I stop using the Montezuma's Return 
title, and to change the game some.
If you read the original posts on this issue that will explain what is 
happening without me having to rehash it all again.
josh wrote:
 hey,
 is someone trying to sue thomas because he made the montezuma's game?
   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Thomas Ward
Hi Josh,
Assuming I were to keep something in that theme, which I am not, I'd 
probably just use the guys proper name. His name was actually Moctezuma 
or something like that. Down through history his name got changed to 
Montezuma and has been that way ever since. Though, I know enough 
history montezuma wasn't that Emperor's real name.


josh wrote:
 what about if you just keep the motezuma's return, but lets say you 
 purposely misspell it.
 call it something like
 montezoomas retern.
 look at that spelling with your arrow keys guys.
   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread ari
The two high-rise buildings! 
Ari

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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-10 Thread Thomas Ward
Hi Josh,
No offense, man, but how old are you? Your responces and reaction to 
this is a bit immature and unrealistic. If you get angry and argue you 
will lose the respect of the very people you are trying to convince to 
let you use a copyright, to nogotiate with you, or to just leave you alone.
Here is a few facts you might want to think about before continuing to 
talk about things you haven't experienced first hand.
One, to date Montezuma's Return has made about $1500. While I am happy I 
got that much out of the game it isn't enough money to higher a lawyer 
and begin battling over stupid copyright issues. In fact, that is pocket 
change for most lawyers and even most companies.
Two, since I have made only around $1500 off of this game I don't see 
any reason to spend everything I earned on the game trying to have a 
long drawn out legal battle. I wrote the game for my enjoyment, and not 
to go to court over.
Three, the person I was in contact with was very nice about the 
situation throughout. We talked it over, no threats were made, and I 
agreed to simply remove the title of the game.
Four, if you really really really must have Montezuma's Return you have 
about 24 hours before I take down the monte web page and download and 
begin replacing it with something else. While Monte Beta 9 is the last 
official version of the product it does contain 6 levels to play, and it 
does use the same keys as Angela's Quest uses.


josh wrote:
 I still say it's a bunch of krap that you have to change your game to make 
 someone who hasn't clue about audio games happy. if it were me I would 
 refuse.
   


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[Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Thomas Ward
Hello gamers,
Earlier today I received an email from someone who worked for Utopia 
Technologies, the developers of a game called Montezuma's Return for the 
PC, and he was asking several pointed questions about conflicts of 
interest, copyrights, and that sort of thing. USA Games is currently 
discussing the matter with this individual, and we hope we won't have 
too many issues with this guy and Utopia Technologies regarding our own 
Montezuma's Return game. While there are some major differences we 
aren't sure if that will settle the matter or not.
However, if we should encounter any copyright issues with these people, 
find conflicts of interest, etc we will probably have to make changes in 
our own game to resolve those issues. I don't think there is any reason 
to begin pushing panic buttons yet, but I did want to inform all of you 
that USA Games is being asked some hard questions, and the guy we spoke 
to felt our game was far too similar to Utopia Technologies game. If 
that is the case we will make whatever changes is necessary to resolve 
any haggling with these people.
Thanks.

 

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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread ari
really Thomas, feel very sorry for you about this, can't stand bloody evil 
people like that, these big bullying corporate-types who try and find 
anything to sue over to just make money, that's the one thing I find not 
great about America, the culture over there of people just wanting to find 
problems and suing all the time. It's absolutely disgusting, I mean, how 
could anyone even confuse them with you, you are making a game for blind 
people, they're not even bothering to do that anyway.
Ari 


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Darren Harris
Well whilst I do agree with that to a point, on the other hand, copywrite is
copywrite. You never know, this may even do some good. 

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Bryan
Sent: 09 February 2008 23:28
To: Gamers Discussion list
Subject: Re: [Audyssey] Important Montezuma's Return announcement


It's not just Americans though. It's people the world over. Though I 
personally agree with trying to avoid opyright infringement where possible i

also know that it's nearly impossible for devs to make a game for the blind 
without stepping on at least one person's shoes. But there's still that 
strong part of me that feels it's their own fault anyways for not 
considering the blind gaming ommunity years ago.
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: ari [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Saturday, February 09, 2008 4:20 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 really Thomas, feel very sorry for you about this, can't stand bloody 
 evil people like that, these big bullying corporate-types who try and 
 find anything to sue over to just make money, that's the one thing I 
 find not great about America, the culture over there of people just 
 wanting to find problems and suing all the time. It's absolutely 
 disgusting, I mean, how could anyone even confuse them with you, you 
 are making a game for blind people, they're not even bothering to do 
 that anyway. Ari


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11:54



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Darren Harris
It's got nothing to do with blind people. Stop using that as a point of
contention. They are drawing points to the fact that they are saying that
the game titles are similar. They won't care nore will a court about the
fact that thomas is making it accessible for blind people to play. I like
the accessible games and the like but you can't call a fowl play card if
someone in the end pulls you up on it. This goes right back to the point we
were talking about the other day ref piracy and copywrites. 

I do hope that thomas can complete his game though because I like what I
have read so far with regards to content. 

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of ari
Sent: 09 February 2008 23:20
To: Gamers Discussion list
Subject: Re: [Audyssey] Important Montezuma's Return announcement


really Thomas, feel very sorry for you about this, can't stand bloody evil 
people like that, these big bullying corporate-types who try and find 
anything to sue over to just make money, that's the one thing I find not 
great about America, the culture over there of people just wanting to find 
problems and suing all the time. It's absolutely disgusting, I mean, how 
could anyone even confuse them with you, you are making a game for blind 
people, they're not even bothering to do that anyway.
Ari 


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread ari
Thomas, There are sites saying this company doesn't even exist anymore, so 
how can they trademark the game like that? If they're not even existing, my 
guess is could this just be sour grapes and an excuse to try and get 
something by threatening? If they don't even exist anymore, how can they 
even have a case so petty, there's someone there with too much time on his 
hands.
Ari 


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Bryan
It's not just Americans though. It's people the world over. Though I 
personally agree with trying to avoid opyright infringement where possible i 
also know that it's nearly impossible for devs to make a game for the blind 
without stepping on at least one person's shoes. But there's still that 
strong part of me that feels it's their own fault anyways for not 
considering the blind gaming ommunity years ago.
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: ari [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Saturday, February 09, 2008 4:20 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 really Thomas, feel very sorry for you about this, can't stand bloody evil
 people like that, these big bullying corporate-types who try and find
 anything to sue over to just make money, that's the one thing I find not
 great about America, the culture over there of people just wanting to find
 problems and suing all the time. It's absolutely disgusting, I mean, how
 could anyone even confuse them with you, you are making a game for blind
 people, they're not even bothering to do that anyway.
 Ari


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Darren Harris
But the copywrite still exists even if the company doesn't. 

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of ari
Sent: 09 February 2008 23:28
To: Gamers Discussion list
Subject: Re: [Audyssey] Important Montezuma's Return announcement


Thomas, There are sites saying this company doesn't even exist anymore, so 
how can they trademark the game like that? If they're not even existing, my 
guess is could this just be sour grapes and an excuse to try and get 
something by threatening? If they don't even exist anymore, how can they 
even have a case so petty, there's someone there with too much time on his 
hands.
Ari 


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11:54



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Charles Rivard
Hmm.  Maybe another name change rather than a game modification?

---
If you don't stand behind our troops,
please, feel free ... to stand in front of them!

- Original Message - 
From: Thomas Ward [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Saturday, February 09, 2008 3:11 PM
Subject: [Audyssey] Important Montezuma's Return announcement


 Hello gamers,
 Earlier today I received an email from someone who worked for Utopia
 Technologies, the developers of a game called Montezuma's Return for the
 PC, and he was asking several pointed questions about conflicts of
 interest, copyrights, and that sort of thing. USA Games is currently
 discussing the matter with this individual, and we hope we won't have
 too many issues with this guy and Utopia Technologies regarding our own
 Montezuma's Return game. While there are some major differences we
 aren't sure if that will settle the matter or not.
 However, if we should encounter any copyright issues with these people,
 find conflicts of interest, etc we will probably have to make changes in
 our own game to resolve those issues. I don't think there is any reason
 to begin pushing panic buttons yet, but I did want to inform all of you
 that USA Games is being asked some hard questions, and the guy we spoke
 to felt our game was far too similar to Utopia Technologies game. If
 that is the case we will make whatever changes is necessary to resolve
 any haggling with these people.
 Thanks.



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Charles Rivard
Before this goes too far, did anyone notice that there's no need to panic? 
I figure that it can be reasonably worked out in, hopefully, a friendly way. 
If a game previously existed with the same name, and the game was basically 
like the USA Games product, and the developer of the older game is no longer 
selling the game, maybe something as simple as a disclaimer can be added in 
the instructions or license agreement or something.  Who knows.  For now, 
Thomas is merely letting us all know what's come up, and I appreciate it. 
Before we start cutting someone else down, or before we use blindness as a 
reason why he should be allowed to produce a game for blind people that 
someone else has had the chance to and did not, let's let the chips fall 
where they may, let them work things out, and then we can post whatever, as 
long as we do it reasonably?  Thanks.

---
If you don't stand behind our troops,
please, feel free ... to stand in front of them!

- Original Message - 
From: Darren Harris [EMAIL PROTECTED]
To: 'Gamers Discussion list' gamers@audyssey.org
Sent: Saturday, February 09, 2008 2:53 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 It's got nothing to do with blind people. Stop using that as a point of
 contention. They are drawing points to the fact that they are saying that
 the game titles are similar. They won't care nore will a court about the
 fact that thomas is making it accessible for blind people to play. I like
 the accessible games and the like but you can't call a fowl play card if
 someone in the end pulls you up on it. This goes right back to the point 
 we
 were talking about the other day ref piracy and copywrites.

 I do hope that thomas can complete his game though because I like what I
 have read so far with regards to content.

 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
 Behalf Of ari
 Sent: 09 February 2008 23:20
 To: Gamers Discussion list
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 really Thomas, feel very sorry for you about this, can't stand bloody evil
 people like that, these big bullying corporate-types who try and find
 anything to sue over to just make money, that's the one thing I find not
 great about America, the culture over there of people just wanting to find
 problems and suing all the time. It's absolutely disgusting, I mean, how
 could anyone even confuse them with you, you are making a game for blind
 people, they're not even bothering to do that anyway.
 Ari


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 http://www.mail-archive.com/[EMAIL PROTECTED]
 If you have any questions or concerns regarding the management of the 
 list,
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 -- 
 No virus found in this incoming message.
 Checked by AVG Free Edition.
 Version: 7.5.516 / Virus Database: 269.20.0/1268 - Release Date: 
 09/02/2008
 11:54



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Darren Harris
Hi,

Well yes like I say you never know this may even do our lot some favours in
the long run. It's certainly got someone elses attention which doesn't
actually have to be a bad thing. On the outset it looks bad but it doesn't
actually have to be. 

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Charles Rivard
Sent: 10 February 2008 02:06
To: Gamers Discussion list
Subject: Re: [Audyssey] Important Montezuma's Return announcement


Before this goes too far, did anyone notice that there's no need to panic? 
I figure that it can be reasonably worked out in, hopefully, a friendly way.

If a game previously existed with the same name, and the game was basically 
like the USA Games product, and the developer of the older game is no longer

selling the game, maybe something as simple as a disclaimer can be added in 
the instructions or license agreement or something.  Who knows.  For now, 
Thomas is merely letting us all know what's come up, and I appreciate it. 
Before we start cutting someone else down, or before we use blindness as a 
reason why he should be allowed to produce a game for blind people that 
someone else has had the chance to and did not, let's let the chips fall 
where they may, let them work things out, and then we can post whatever, as 
long as we do it reasonably?  Thanks.

---
If you don't stand behind our troops,
please, feel free ... to stand in front of them!

- Original Message - 
From: Darren Harris [EMAIL PROTECTED]
To: 'Gamers Discussion list' gamers@audyssey.org
Sent: Saturday, February 09, 2008 2:53 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 It's got nothing to do with blind people. Stop using that as a point 
 of contention. They are drawing points to the fact that they are 
 saying that the game titles are similar. They won't care nore will a 
 court about the fact that thomas is making it accessible for blind 
 people to play. I like the accessible games and the like but you can't 
 call a fowl play card if someone in the end pulls you up on it. This 
 goes right back to the point we were talking about the other day ref 
 piracy and copywrites.

 I do hope that thomas can complete his game though because I like what 
 I have read so far with regards to content.

 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
 On Behalf Of ari
 Sent: 09 February 2008 23:20
 To: Gamers Discussion list
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 really Thomas, feel very sorry for you about this, can't stand bloody 
 evil people like that, these big bullying corporate-types who try and 
 find anything to sue over to just make money, that's the one thing I 
 find not great about America, the culture over there of people just 
 wanting to find problems and suing all the time. It's absolutely 
 disgusting, I mean, how could anyone even confuse them with you, you 
 are making a game for blind people, they're not even bothering to do 
 that anyway. Ari


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 09/02/2008
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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Thomas Ward
Hi Ari,
For the record the person I was emailing today didn't say anything about 
suing me. At this point all he has done is ask me a lot of questions 
about conflicts of interests, how I obtained the copyrights to 
Montezuma's Return, how similar my game is to the Utopia title, etc. I 
am hoping this is just some confusion on his part.
I did explain that my game is an accessible game, made for blind and low 
vision users, and while it is similar to Montezuma's Revenge it is also 
different. I am hoping those diferences and the fact it is not a video 
game, per say, they will just leave me alone.
Though, after this little run in I am strongly thinking about changing 
the name of the game again. While I like the name I have for the game I 
would rather it not come up in search engines under Montezuma's Return 
which is a trade mark of another company.
As for suing it is a sad fact people are sue happy over here in the USA. 
When a woman can order hot coffee, spill it on herself, and then sue 
McDonald's for selling her hot coffee and win you know something is 
wrong with the legal system. I heard of a case involving a lawyer who 
payed for a pack of cigars, insured them for fire damage, smoked them, 
and then sued the insurance company for not paying him after his cigars 
were smoked and won. My point is that suing over here is often 
rediculous, but is a part of life.

ari wrote:
 really Thomas, feel very sorry for you about this, can't stand bloody evil 
 people like that, these big bullying corporate-types who try and find 
 anything to sue over to just make money, that's the one thing I find not 
 great about America, the culture over there of people just wanting to find 
 problems and suing all the time. It's absolutely disgusting, I mean, how 
 could anyone even confuse them with you, you are making a game for blind 
 people, they're not even bothering to do that anyway.
 Ari 


 ---
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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Thomas Ward
Hi Bryan and all,
Unfortunately, big corperations and even some smaller corperations don't 
see it exactly the same way. If it wasn't for laws like Section 508 
software accessibility would still be worse than it is today. Do to 
Section 508 a lot more companies are considering accessibility more than 
they use to, but Section 508 doesn't apply to some applications like 
games, software produced before Section 508, and there are probably a 
lot of other loop holes to use.
When it comes to game copyrights it is true it is very tough not to step 
on some companies toes because a lot of us just want to create a game we 
already know or wish we could play but can't. Unfortunately, it is a 
huge question of how the law would decide accessibility vs copyright 
infringement.

Bryan wrote:
 It's not just Americans though. It's people the world over. Though I 
 personally agree with trying to avoid copyright infringement where possible i 
 also know that it's nearly impossible for devs to make a game for the blind 
 without stepping on at least one person's shoes. But there's still that 
 strong part of me that feels it's their own fault anyways for not 
 considering the blind gaming community years ago.
 Time is an illusion, lunchtime doubly so.
   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Bryan
That depends at least partially on the other guy though, how willing he is 
to listen and work with Thomas to find an easy solution.
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: Charles Rivard [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Saturday, February 09, 2008 7:05 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Before this goes too far, did anyone notice that there's no need to panic?
 I figure that it can be reasonably worked out in, hopefully, a friendly 
 way.
 If a game previously existed with the same name, and the game was 
 basically
 like the USA Games product, and the developer of the older game is no 
 longer
 selling the game, maybe something as simple as a disclaimer can be added 
 in
 the instructions or license agreement or something.  Who knows.  For now,
 Thomas is merely letting us all know what's come up, and I appreciate it.
 Before we start cutting someone else down, or before we use blindness as a
 reason why he should be allowed to produce a game for blind people that
 someone else has had the chance to and did not, let's let the chips fall
 where they may, let them work things out, and then we can post whatever, 
 as
 long as we do it reasonably?  Thanks.

 ---
 If you don't stand behind our troops,
 please, feel free ... to stand in front of them!

 - Original Message - 
 From: Darren Harris [EMAIL PROTECTED]
 To: 'Gamers Discussion list' gamers@audyssey.org
 Sent: Saturday, February 09, 2008 2:53 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 It's got nothing to do with blind people. Stop using that as a point of
 contention. They are drawing points to the fact that they are saying that
 the game titles are similar. They won't care nore will a court about the
 fact that thomas is making it accessible for blind people to play. I like
 the accessible games and the like but you can't call a fowl play card if
 someone in the end pulls you up on it. This goes right back to the point
 we
 were talking about the other day ref piracy and copywrites.

 I do hope that thomas can complete his game though because I like what I
 have read so far with regards to content.

 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
 Behalf Of ari
 Sent: 09 February 2008 23:20
 To: Gamers Discussion list
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 really Thomas, feel very sorry for you about this, can't stand bloody 
 evil
 people like that, these big bullying corporate-types who try and find
 anything to sue over to just make money, that's the one thing I find not
 great about America, the culture over there of people just wanting to 
 find
 problems and suing all the time. It's absolutely disgusting, I mean, how
 could anyone even confuse them with you, you are making a game for blind
 people, they're not even bothering to do that anyway.
 Ari


 ---
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 http://audyssey.org/mailman/listinfo/gamers_audyssey.org.
 All messages are archived and can be searched and read at
 http://www.mail-archive.com/[EMAIL PROTECTED]
 If you have any questions or concerns regarding the management of the
 list,
 please send E-mail to [EMAIL PROTECTED]


 -- 
 No virus found in this incoming message.
 Checked by AVG Free Edition.
 Version: 7.5.516 / Virus Database: 269.20.0/1268 - Release Date:
 09/02/2008
 11:54



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Phil Vlasak
Games we'd like to play.

Tom Ward's USA Games Interactive.
Home of
Angela Summers and the Temple of Montezuma.
In this fast action, classic side-scroller, you Are Angela Summers, a daring 
treasure hunter,
willing to risk copyright infringement to find and recover the secret 
treasures of Emperor Montezuma
In this demo you will be able to explore dark and eerie under ground temples 
searching for treasures,
trying to overcome such creatures as rolling skulls, giant spiders, and 
annoying lawyers.



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Thomas Ward
Hi,
I can assure you in one form or another the game will be completed. It 
is just a question of how the final product will be, and under what name 
it will be sold under.
Instead of bouncing and rolling skulls maybe I can use sword wielding 
skelitons. Perhaps I can add this or that to the game or game levels 
that will make it different from the way it was intended originally.

Darren Harris wrote:
 It's got nothing to do with blind people. Stop using that as a point of
 contention. They are drawing points to the fact that they are saying that
 the game titles are similar. They won't care nore will a court about the
 fact that thomas is making it accessible for blind people to play. I like
 the accessible games and the like but you can't call a fowl play card if
 someone in the end pulls you up on it. This goes right back to the point we
 were talking about the other day ref piracy and copywrites. 

 I do hope that thomas can complete his game though because I like what I
 have read so far with regards to content. 
   


---
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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Andy Smith
I  agree with ya, this is crazy. What similarities are in the two games?


On Sat, 9 Feb 2008 16:27:36 -0700, Bryan wrote:


It's not just Americans though. It's people the world over. Though I 
personally agree with trying to avoid opyright infringement where 
possible i 
also know that it's nearly impossible for devs to make a game for the 
blind 
without stepping on at least one person's shoes. But there's still that 
strong part of me that feels it's their own fault anyways for not 
considering the blind gaming ommunity years ago.
Time is an illusion, lunchtime doubly so.
- Original Message - 
From: ari [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Saturday, February 09, 2008 4:20 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


really Thomas, feel very sorry for you about this, can't stand bloody 
evil
people like that, these big bullying corporate-types who try and find
anything to sue over to just make money, that's the one thing I find not
great about America, the culture over there of people just wanting to 
find
problems and suing all the time. It's absolutely disgusting, I mean, how
could anyone even confuse them with you, you are making a game for blind
people, they're not even bothering to do that anyway.
Ari


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Andy Smith
Oh my god someone actually did that Someone told me about that coffee thing 
but I didn't 
believe it. Oh my god, people really are crazy...


On Sat, 09 Feb 2008 19:22:47 -0500, Thomas Ward wrote:


Hi Ari,
For the record the person I was emailing today didn't say anything about 

suing me. At this point all he has done is ask me a lot of questions 
about conflicts of interests, how I obtained the copyrights to 
Montezuma's Return, how similar my game is to the Utopia title, etc. I 
am hoping this is just some confusion on his part.
I did explain that my game is an accessible game, made for blind and low 

vision users, and while it is similar to Montezuma's Revenge it is also 
different. I am hoping those diferences and the fact it is not a video 
game, per say, they will just leave me alone.
Though, after this little run in I am strongly thinking about changing 
the name of the game again. While I like the name I have for the game I 
would rather it not come up in search engines under Montezuma's Return 
which is a trade mark of another company.
As for suing it is a sad fact people are sue happy over here in the USA. 

When a woman can order hot coffee, spill it on herself, and then sue 
McDonald's for selling her hot coffee and win you know something is 
wrong with the legal system. I heard of a case involving a lawyer who 
payed for a pack of cigars, insured them for fire damage, smoked them, 
and then sued the insurance company for not paying him after his cigars 
were smoked and won. My point is that suing over here is often 
rediculous, but is a part of life.

ari wrote:
really Thomas, feel very sorry for you about this, can't stand bloody 
evil 
people like that, these big bullying corporate-types who try and find 
anything to sue over to just make money, that's the one thing I find not 

great about America, the culture over there of people just wanting to 
find 
problems and suing all the time. It's absolutely disgusting, I mean, how 

could anyone even confuse them with you, you are making a game for blind 

people, they're not even bothering to do that anyway.
Ari 


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Thomas Ward
Hi Darren,
Correct. The way the U.S. copyright system is set up copyrights will 
remain the property of a company or individual long after they are 
discontinued or dead. That is why it is so tricky for an accessible game 
developer to just come out with a game like Tomb Raider, Star Wars, etc 
and be legal.



Darren Harris wrote:
 But the copywrite still exists even if the company doesn't. 
   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Thomas Ward
Hi Ari,
Yes, it is true that Utopia Technologies no longer is in existance as a 
company. However, that doesn't matter according to U.S. copyright law. A 
copyright can be held by a company or individual for the life of that 
person or company plus an additional amount of years. Either way they 
still retain the trade marks and copyrights for their Montezuma's Return 
game, and will do so for a good many years yet. That is just how well 
protected trade marks and copyrights are in the U.S.A.
Strictly legally speaking, the company, or an officer of the former 
company, can request that USA Games change aspects of our game that 
conflicts with their copyright holdings. For example, I could be asked 
to change the name of the game, or change some element/elements  in the 
game that they feel is a conflict of interest.

ari wrote:
 Thomas, There are sites saying this company doesn't even exist anymore, so 
 how can they trademark the game like that? If they're not even existing, my 
 guess is could this just be sour grapes and an excuse to try and get 
 something by threatening? If they don't even exist anymore, how can they 
 even have a case so petty, there's someone there with too much time on his 
 hands.
 Ari 


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Charles Rivard
And, for now, time will tell, so let's wait.

---
If you don't stand behind our troops,
please, feel free ... to stand in front of them!

- Original Message - 
From: Bryan [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Saturday, February 09, 2008 4:32 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 That depends at least partially on the other guy though, how willing he is
 to listen and work with Thomas to find an easy solution.
 Time is an illusion, lunchtime doubly so.
 - Original Message - 
 From: Charles Rivard [EMAIL PROTECTED]
 To: Gamers Discussion list gamers@audyssey.org
 Sent: Saturday, February 09, 2008 7:05 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Before this goes too far, did anyone notice that there's no need to 
 panic?
 I figure that it can be reasonably worked out in, hopefully, a friendly
 way.
 If a game previously existed with the same name, and the game was
 basically
 like the USA Games product, and the developer of the older game is no
 longer
 selling the game, maybe something as simple as a disclaimer can be added
 in
 the instructions or license agreement or something.  Who knows.  For now,
 Thomas is merely letting us all know what's come up, and I appreciate it.
 Before we start cutting someone else down, or before we use blindness as 
 a
 reason why he should be allowed to produce a game for blind people that
 someone else has had the chance to and did not, let's let the chips fall
 where they may, let them work things out, and then we can post whatever,
 as
 long as we do it reasonably?  Thanks.

 ---
 If you don't stand behind our troops,
 please, feel free ... to stand in front of them!

 - Original Message - 
 From: Darren Harris [EMAIL PROTECTED]
 To: 'Gamers Discussion list' gamers@audyssey.org
 Sent: Saturday, February 09, 2008 2:53 PM
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 It's got nothing to do with blind people. Stop using that as a point of
 contention. They are drawing points to the fact that they are saying 
 that
 the game titles are similar. They won't care nore will a court about the
 fact that thomas is making it accessible for blind people to play. I 
 like
 the accessible games and the like but you can't call a fowl play card if
 someone in the end pulls you up on it. This goes right back to the point
 we
 were talking about the other day ref piracy and copywrites.

 I do hope that thomas can complete his game though because I like what I
 have read so far with regards to content.

 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
 On
 Behalf Of ari
 Sent: 09 February 2008 23:20
 To: Gamers Discussion list
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 really Thomas, feel very sorry for you about this, can't stand bloody
 evil
 people like that, these big bullying corporate-types who try and find
 anything to sue over to just make money, that's the one thing I find not
 great about America, the culture over there of people just wanting to
 find
 problems and suing all the time. It's absolutely disgusting, I mean, how
 could anyone even confuse them with you, you are making a game for blind
 people, they're not even bothering to do that anyway.
 Ari


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Andy Smith
Lol! Good one Phil!



On Sat, 9 Feb 2008 19:46:36 -0500, Phil Vlasak wrote:


Games we'd like to play.

Tom Ward's USA Games Interactive.
Home of
Angela Summers and the Temple of Montezuma.
In this fast action, classic side-scroller, you Are Angela Summers, a 
daring 
treasure hunter,
willing to risk copyright infringement to find and recover the secret 
treasures of Emperor Montezuma
In this demo you will be able to explore dark and eerie under ground 
temples 
searching for treasures,
trying to overcome such creatures as rolling skulls, giant spiders, and 
annoying lawyers.



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Thomas Ward
Hi Phil,
Hahahaha. As usual you have good humor.

Phil Vlasak wrote:
 Games we'd like to play.

 Tom Ward's USA Games Interactive.
 Home of
 Angela Summers and the Temple of Montezuma.
 In this fast action, classic side-scroller, you Are Angela Summers, a daring 
 treasure hunter,
 willing to risk copyright infringement to find and recover the secret 
 treasures of Emperor Montezuma
 In this demo you will be able to explore dark and eerie under ground temples 
 searching for treasures,
 trying to overcome such creatures as rolling skulls, giant spiders, and 
 annoying lawyers.



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Cory
heheheheheeh, love it!
- Original Message - 
From: Thomas Ward [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Saturday, February 09, 2008 8:03 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hi Phil,
 Hahahaha. As usual you have good humor.

 Phil Vlasak wrote:
 Games we'd like to play.

 Tom Ward's USA Games Interactive.
 Home of
 Angela Summers and the Temple of Montezuma.
 In this fast action, classic side-scroller, you Are Angela Summers, a 
 daring
 treasure hunter,
 willing to risk copyright infringement to find and recover the secret
 treasures of Emperor Montezuma
 In this demo you will be able to explore dark and eerie under ground 
 temples
 searching for treasures,
 trying to overcome such creatures as rolling skulls, giant spiders, and
 annoying lawyers.



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Thomas Ward
Hi Charles,
Could be. Under the circumstances changing the name might be advisable, 
but it is too early to say one way or another. I am definitly going to 
use a name change as a consession if it comes to that.. Something like 
Angela's Quest or something along those lines would be fine. It is still 
the name game just getting away from entangling trade marks or copyrights.

Charles Rivard wrote:
 Hmm.  Maybe another name change rather than a game modification?
   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Thomas Ward
Hi Charles,
Yes, exactly. I said as much at the end of my original post. There is no 
reason to go pushing panic buttons yet. I merely want to inform or 
advise everyone that I have been officially contacted/notified, and I am 
dealing with an unexpected situation.
I also don't want to release Beta 10 with some unexpected changes. Wo 
dude where did that skeliton warrior come from, or why did you name it 
to Angela's Quest. I believe in letting my customers know what I know it 
when I know it, or at least inform them of possible changes ahead.

Charles Rivard wrote:
 Before this goes too far, did anyone notice that there's no need to panic? 
 I figure that it can be reasonably worked out in, hopefully, a friendly way. 
 If a game previously existed with the same name, and the game was basically 
 like the USA Games product, and the developer of the older game is no longer 
 selling the game, maybe something as simple as a disclaimer can be added in 
 the instructions or license agreement or something.  Who knows.  For now, 
 Thomas is merely letting us all know what's come up, and I appreciate it. 
 Before we start cutting someone else down, or before we use blindness as a 
 reason why he should be allowed to produce a game for blind people that 
 someone else has had the chance to and did not, let's let the chips fall 
 where they may, let them work things out, and then we can post whatever, as 
 long as we do it reasonably?  Thanks.

   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Thomas Ward
Hi,
True, but I don't really think there is much room for fighting. 
Montezuma's Return, the Utopia Technologies version, was released in 
1998, and that company is out of business. The game is no longer for 
sale, and perhaps that is reason for hope.
At the very least perhaps they will be satisfied if I change the name of 
the game, and make something miner like that. i am still awaiting for news.


Bryan wrote:
 That depends at least partially on the other guy though, how willing he is 
 to listen and work with Thomas to find an easy solution.
 Time is an illusion, lunchtime doubly so.
   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Kuvvosh
I'm sorry to say,  But the game that Thomas is making can't really be a copy
right issue, as far, as if he using public domain sounds and the fact he is
not using any graphical parts of the original game.  I'm sure all the levels
are not even anywhere near the real game.

Heck the coding of the game is probley so far off from the original as well.

I really think the person that claiming copy right issue is stupid. 

Just my two cents.

Kuvvosh

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Thomas Ward
Sent: Saturday, February 09, 2008 6:54 PM
To: Gamers Discussion list
Subject: Re: [Audyssey] Important Montezuma's Return announcement

Hi,
I can assure you in one form or another the game will be completed. It 
is just a question of how the final product will be, and under what name 
it will be sold under.
Instead of bouncing and rolling skulls maybe I can use sword wielding 
skelitons. Perhaps I can add this or that to the game or game levels 
that will make it different from the way it was intended originally.

Darren Harris wrote:
 It's got nothing to do with blind people. Stop using that as a point of
 contention. They are drawing points to the fact that they are saying that
 the game titles are similar. They won't care nore will a court about the
 fact that thomas is making it accessible for blind people to play. I like
 the accessible games and the like but you can't call a fowl play card if
 someone in the end pulls you up on it. This goes right back to the point
we
 were talking about the other day ref piracy and copywrites. 

 I do hope that thomas can complete his game though because I like what I
 have read so far with regards to content. 
   


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Charles Rivard
Now, that sure didn't take long to come up with, did it?  Dang!  It was 
quick.  Are those lawyers the first bugs in the game?  (grin)

---
If you don't stand behind our troops,
please, feel free ... to stand in front of them!

- Original Message - 
From: Phil Vlasak [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Saturday, February 09, 2008 4:46 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Games we'd like to play.

 Tom Ward's USA Games Interactive.
 Home of
 Angela Summers and the Temple of Montezuma.
 In this fast action, classic side-scroller, you Are Angela Summers, a 
 daring
 treasure hunter,
 willing to risk copyright infringement to find and recover the secret
 treasures of Emperor Montezuma
 In this demo you will be able to explore dark and eerie under ground 
 temples
 searching for treasures,
 trying to overcome such creatures as rolling skulls, giant spiders, and
 annoying lawyers.



 ---
 Gamers mailing list __ Gamers@audyssey.org
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 [EMAIL PROTECTED]
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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Dark
Hello tom.

It actually makes me rather angry how petty people can be over copyrights. 
copyright laws were afterall created to protect good ideas and concepts, not 
to nit pick.

this game is plainly not on sale anymore (a quick google for Montizuma's 
return brought up nothing), so this fool is just making trouble for the sake 
of making trouble.

While he might have a case over the name montizuma's return, the actual game 
content I should think would be none of his business.

even in the mainstream, there have been cases of games which have been so 
similar in theme as to be incredibly suspect,  the original streets of 
rage and final fight for example, which had incredibly similar gameplay, 
virtually the same setting with similar levels, - streets, park, bar, 
finishing in a pent house, - Axle and Cody even dressed in the same 
geens and T shirt, both had blond hair and wrist bands,  and even had 
the same punch combo.

therefore if absolutely necessary make a name change, but I don't see why 
you would have to alter any game content just to panda to this petty minded 
individual. rolling skulls, snakes, spiders and all the other monti elements 
have afterall appeared in many other games,  Ghosts and goblins had 
rolling skulls for example, pitfall had snakes pits and ropes etc.

there are even cases of small companies producing commercial retro themed 
games with almost identical gameplay and game elements (even down to same 
main character and names), as original games, - I've come across several 
examples of boulderdash and loadrunner in this line, myself.

I hope this isn't going to have to cause you a lot of trouble, sinse 
obviously you have much better and worth while things to do.

Beware the Sue!

Dark. 


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Charles Rivard
I would think that if a game was created that has the same name as a game I 
have the copyright to, it would be my business as to the newly created 
game's content.  I would get together with this game's creator and work 
something out.  Hopefully, this will be the case.

---
If you don't stand behind our troops,
please, feel free ... to stand in front of them!

- Original Message - 
From: Dark [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Saturday, February 09, 2008 6:17 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Hello tom.

 It actually makes me rather angry how petty people can be over copyrights.
 copyright laws were afterall created to protect good ideas and concepts, 
 not
 to nit pick.

 this game is plainly not on sale anymore (a quick google for Montizuma's
 return brought up nothing), so this fool is just making trouble for the 
 sake
 of making trouble.

 While he might have a case over the name montizuma's return, the actual 
 game
 content I should think would be none of his business.

 even in the mainstream, there have been cases of games which have been so
 similar in theme as to be incredibly suspect,  the original streets of
 rage and final fight for example, which had incredibly similar gameplay,
 virtually the same setting with similar levels, - streets, park, bar,
 finishing in a pent house, - Axle and Cody even dressed in the same
 geens and T shirt, both had blond hair and wrist bands,  and even had
 the same punch combo.

 therefore if absolutely necessary make a name change, but I don't see why
 you would have to alter any game content just to panda to this petty 
 minded
 individual. rolling skulls, snakes, spiders and all the other monti 
 elements
 have afterall appeared in many other games,  Ghosts and goblins had
 rolling skulls for example, pitfall had snakes pits and ropes etc.

 there are even cases of small companies producing commercial retro themed
 games with almost identical gameplay and game elements (even down to same
 main character and names), as original games, - I've come across 
 several
 examples of boulderdash and loadrunner in this line, myself.

 I hope this isn't going to have to cause you a lot of trouble, sinse
 obviously you have much better and worth while things to do.

 Beware the Sue!

 Dark.


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread william lomas
hi so why was this game even concieved int he first place if it has so  
many copyright issues what's the point in even developin it any more  
if loads of version exists already

On 9 Feb 2008, at 22:54, Darren Harris wrote:

 But the copywrite still exists even if the company doesn't.

 -Original Message-
 From: [EMAIL PROTECTED] [mailto:gamers- 
 [EMAIL PROTECTED] On
 Behalf Of ari
 Sent: 09 February 2008 23:28
 To: Gamers Discussion list
 Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Thomas, There are sites saying this company doesn't even exist  
 anymore, so
 how can they trademark the game like that? If they're not even  
 existing, my
 guess is could this just be sour grapes and an excuse to try and get
 something by threatening? If they don't even exist anymore, how can  
 they
 even have a case so petty, there's someone there with too much time  
 on his
 hands.
 Ari


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread Dark
Only I think if it used the same character names to which you also had 
copywrite,  Eg, if this other Montizumas return had a doctor angela 
summers. rolling skulls, snakes and other enemies are so generic, that if 
they were copywrite, not many games at all would be able to use them even if 
the names were similar, - Eg, both the mainstream games Tetris and 
columns, which have amazingly similar gameplay and were on rival systems at 
the time have combo point bonuses, refer to their falling matchable objects 
as blocks, have a speed mode etc.

some games have even taken it further, streetfighter had a wandering 
martial artist called Ryu, Art of fighting had Ryo.

Heck! even names can be mucked about with, the game primal rage even had a 
character called sauron, - though pronounced soron, not in the 
traditional tolkeen way.

Beware the Grue!

Dark.



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread chou.clement
Another example. When you think about Mortal Kombat and Raiden. Some other 
game had that name in it but they spelt it differently and for a while 
copyright was a problem.
- Original Message - 
From: Dark [EMAIL PROTECTED]
To: Gamers Discussion list gamers@audyssey.org
Sent: Saturday, February 09, 2008 7:03 PM
Subject: Re: [Audyssey] Important Montezuma's Return announcement


 Only I think if it used the same character names to which you also had
 copywrite,  Eg, if this other Montizumas return had a doctor angela
 summers. rolling skulls, snakes and other enemies are so generic, that if
 they were copywrite, not many games at all would be able to use them even 
 if
 the names were similar, - Eg, both the mainstream games Tetris and
 columns, which have amazingly similar gameplay and were on rival systems 
 at
 the time have combo point bonuses, refer to their falling matchable 
 objects
 as blocks, have a speed mode etc.

 some games have even taken it further, streetfighter had a wandering
 martial artist called Ryu, Art of fighting had Ryo.

 Heck! even names can be mucked about with, the game primal rage even had a
 character called sauron, - though pronounced soron, not in the
 traditional tolkeen way.

 Beware the Grue!

 Dark.



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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread shaun everiss
well here I learned in law lectures at tech that you can sue here but the most 
you can get is something like 40, I am not sure if its correct now, but you 
can sue all you want but you won't get it, there is a limit here you can sue 
for.
At 01:22 p.m. 10/02/2008, you wrote:
Hi Ari,
For the record the person I was emailing today didn't say anything about 
suing me. At this point all he has done is ask me a lot of questions 
about conflicts of interests, how I obtained the copyrights to 
Montezuma's Return, how similar my game is to the Utopia title, etc. I 
am hoping this is just some confusion on his part.
I did explain that my game is an accessible game, made for blind and low 
vision users, and while it is similar to Montezuma's Revenge it is also 
different. I am hoping those diferences and the fact it is not a video 
game, per say, they will just leave me alone.
Though, after this little run in I am strongly thinking about changing 
the name of the game again. While I like the name I have for the game I 
would rather it not come up in search engines under Montezuma's Return 
which is a trade mark of another company.
As for suing it is a sad fact people are sue happy over here in the USA. 
When a woman can order hot coffee, spill it on herself, and then sue 
McDonald's for selling her hot coffee and win you know something is 
wrong with the legal system. I heard of a case involving a lawyer who 
payed for a pack of cigars, insured them for fire damage, smoked them, 
and then sued the insurance company for not paying him after his cigars 
were smoked and won. My point is that suing over here is often 
rediculous, but is a part of life.

ari wrote:
 really Thomas, feel very sorry for you about this, can't stand bloody evil 
 people like that, these big bullying corporate-types who try and find 
 anything to sue over to just make money, that's the one thing I find not 
 great about America, the culture over there of people just wanting to find 
 problems and suing all the time. It's absolutely disgusting, I mean, how 
 could anyone even confuse them with you, you are making a game for blind 
 people, they're not even bothering to do that anyway.
 Ari 


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Re: [Audyssey] Important Montezuma's Return announcement

2008-02-09 Thread shaun everiss
well we just change the name again tom.
If the name clashes and clearly it does, now we know we can just change it 
again.
At 12:20 p.m. 10/02/2008, you wrote:
really Thomas, feel very sorry for you about this, can't stand bloody evil 
people like that, these big bullying corporate-types who try and find 
anything to sue over to just make money, that's the one thing I find not 
great about America, the culture over there of people just wanting to find 
problems and suing all the time. It's absolutely disgusting, I mean, how 
could anyone even confuse them with you, you are making a game for blind 
people, they're not even bothering to do that anyway.
Ari 


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