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Op Ed

guardian.co.uk - Clone Wars- is plagiarism killing creativity in the games industry? Thanks Ant via Boing Boing.
While finding out that a rival company has plagiarised your hard work may sting, there is little legal recourse for developers who believe their game idea has been appropriated. The issue is that video games are creative in both visual and aural terms, but also in purely functional terms, and the laws that govern these elements are fundamentally different.

Alex Chapman, a lawyer at Sheridan's specialising in games, says: "Generally speaking there is no copyright in a game mechanic or the functionality of a game (or indeed any other type of software). Copyright will protect the visual appearance of the game to the extent that it is original – such as by protecting the graphics, screen layouts and art assets. It will also protect the underlying software code. However, it will not protect the functionality.

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19. Re: Op Ed Dec 28, 2011, 06:06 Prez
 
Jerykk wrote on Dec 28, 2011, 05:44:
Even then ,indie games that are thought to be "fresh and original" aren't nearly as original as they pretend to be. "Braid" and "Super Meat Boy", while having fresh concepts are still at their heart 2D side-scrollers, which haven't been original in about 30 years.

That's a bit of a generalization. Just because a game is 2D and has platforms doesn't make it a Mario ripoff. That's like saying any third-person game is a Tomb Raider ripoff and that any first-person game is a Doom ripoff. Mario, SMB and Braid are completely different games. I'd say that Braid was very original in that it introduced gameplay mechanics that hadn't really been explored before. It also attached a very serious and relatively pretentious story to an otherwise cartoony presentation, something we don't see very often.

No game is ever going to be 100% original, but I think many games have enough original ideas or reinterpretations of existing ideas to qualify as original.

If you read what I wrote again you might see that what you wrote and what I wrote are saying virtually the same thing, though I don't completely accept your analogy of 2D side-scrollers and games with a 3rd person perspective. Of course, that could just be because if I ever see another 2D side-scroller game it'll be too soon. I'm just burned out on them. That's not to say I don't see the freshness in the concepts throughout Braid and SMB, nor understand why 2D is so often the mode of choice used by indies.

Overall, the "originality" meme that keeps popping up in game journalism is a bit of a red herring. There will never be another 100% original game made, just as there will never be a completely original song written. It's not that originality is dead; it's just that the limitaions of the art form and the human senses prevent further innovation, unless someone discovers another note in the octave or a 6th sense that everyone has access to. Someone looking for originality needs to look closer at the minutia and details.
 
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Previous Post Next Post Reply Quote Edit Delete Report
 
    Date Subject Author
  1. Dec 27, 13:29 Re: Op Ed Mashiki Amiketo
  2. Dec 27, 13:37 Re: Op Ed Silicon Avatar
  3. Dec 27, 13:54  Re: Op Ed PHJF
  4. Dec 27, 14:06   Re: Op Ed Beamer
  5. Dec 27, 14:17   Re: Op Ed Dev
  6. Dec 27, 14:41   Re: Op Ed Mashiki Amiketo
  7. Dec 27, 14:45 Re: Op Ed Hyatus
  11. Dec 27, 16:42  Re: Op Ed Ozmodan
  12. Dec 27, 19:48   Re: Op Ed wtf_man
  8. Dec 27, 15:03 Re: Op Ed jdreyer
  9. Dec 27, 15:54  Re: Op Ed nin
  10. Dec 27, 16:04  Re: Op Ed Cutter
  20. Dec 28, 06:32   Re: Op Ed Dev
  24. Dec 28, 09:17    Re: Op Ed Beamer
  25. Dec 28, 10:32     Re: Op Ed Prez
  27. Dec 28, 19:15      Re: Op Ed Sepharo
  26. Dec 28, 16:44     Re: Op Ed Mashiki Amiketo
  13. Dec 27, 20:02 Re: Op Ed m0deth
  14. Dec 27, 23:43 Re: Op Ed Sepharo
  15. Dec 27, 23:48 Re: Op Ed Alamar
  16. Dec 28, 02:14  Re: Op Ed Kajetan
  17. Dec 28, 03:58   Re: Op Ed Prez
  18. Dec 28, 05:44    Re: Op Ed Jerykk
>> 19. Dec 28, 06:06     Re: Op Ed Prez
  21. Dec 28, 08:20      Re: Op Ed Jerykk
  22. Dec 28, 08:50       Re: Op Ed JaguarUSF
  23. Dec 28, 08:51       Re: Op Ed briktal


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