Protecting Your Intellectual Property

[SV2.0]

I found this article at Gamasutra to be very handy and it answered almost all of my questions. It's really a must read if you plan on releasing anything, even a demo. Enjoy.
http://www.gamasutra.com/view/feature/3 ... ctual_.php

[Kiji8989]

lol, I did that. On my website I put a copyright on all of the stuff.

[bernie]

Copyright is only really for big buisness. If they want to take your intellectual property they will and there's very little or nothing you can do about it unless you are loaded with money. Even If small people take it, can you afford to take them to court and will it be worth it if you win and have to pay your own costs? if the answer is no then you are wasting your time copyrighting your property.

[Sph!nx]

Well, there is I think. Simply burn what you made on a CD rom. Post mail it to yourself. Perhaps twice. Don't ever open it!

If you are in fact in a situation you're in court, you can pull out your mailed copy, in the envelope, with the date stamp of the mail company. It is legal evidence in court. At least here in Netherlands it is.

[bernie]

It is legal evidence in court. But can you afford to take on big companies in court even if you're in the right. You still end up paying your own legal fees. The question is, is it worth it in the end,
just for a model or a game you won't make much money from, if any at all and paying out thousands of dollars or whatever to the lawyers.

[Trougedoor122]

yeah, you could end up paying thousands of dollars to lawyers, court costs, and many other things. when everything was done you basically have your game.

[Jay]

Do you know the walkman? It was exactly like this with it.... The guy spent MILLIONS on it and in the meantime the company made BILLIONS! It lasted over 20 years.... in the end he got money, but it was only enough to pay his laywers....

[SV2.0]

All very true. I must say, though, that a lawyer isn't exactly necessary, at least in the US. Under Maritime Law, you have very little chance if you decide to represent yourself, but Maritime Law is only in effect so ling as the Maritime American Flag (the one with the gold fringe on it) is in the court room. Anyone can request that it be removed, thereby placing the court under state law. Then you have a chance, provided you are familiar with copyright law. Also, I would point out the recent court case against Nintendo regarding their use of their analog sticks. While the case is as of yet unresolved (so far as I know) the disputing company filed suits against Microsoft and Sony last year and they both decided to settle out of court to avoid bad PR. I believe the settlement was well within the millions and at no cost to the company besides having the suit written up. I don't know weather the company is in the right or not, but the point is that it only consists of a few people with very limited assets. Until now, that is. This may not be practical for most indie developers and designers, but if you don't have your work protected and it gets stolen, it's gone. If you do, you have a chance of being compensated.

[Sph!nx]

It is legal evidence in court. But can you afford to take on big companies in court even if you're in the right. You still end up paying your own legal fees. The question is, is it worth it in the end,
just for a model or a game you won't make much money from, if any at all and paying out thousands of dollars or whatever to the lawyers.

Well, if I'm 100% sure I'm right, and I would, if I have made stuff myself and I have the evidence, like I described in my first reply, I would surelly win in court and the loosing party must pay all my costs regarding the lawsuit. It's the law over here.

I'm purely speaking of what I know is possible in the Netherlands. I have no idea how things work in other countries, but here it is quite fair and accessible for everyone.

[bernie]

Doesn't work like that in most places. It's not criminal law is a private prosecution and you pay your own costs win or lose.

[SV2.0]

the losing party must pay all my costs regarding the lawsuit. It's the law over here.

I wish it was like that most places. I've never accused the US legal system of not sucking though.

[Trougedoor122]

I wish it was like that most places. I've never accused the US legal system of not sucking though.

the us legal system is very good legal system and, in my opinion one of the best on the world.

[Kiji8989]

Yes. In the US, if your accused for stealing, man or woman you get to plead your case to an impartial jury. In, say Iraq. If your accused of stealing, you get your hand cutt off. If you a woman, and something bad happens to YOU. You get arrested anyway.

[SV2.0]

...And if the best in the world sucks, we're in trouble, eh?
I was joking before.

[Agentarrow]

It is legal evidence in court. But can you afford to take on big companies in court even if you're in the right. You still end up paying your own legal fees. The question is, is it worth it in the end,
just for a model or a game you won't make much money from, if any at all and paying out thousands of dollars or whatever to the lawyers.

Well, if I'm 100% sure I'm right, and I would, if I have made stuff myself and I have the evidence, like I described in my first reply, I would surelly win in court and the loosing party must pay all my costs regarding the lawsuit. It's the law over here.

I'm purely speaking of what I know is possible in the Netherlands. I have no idea how things work in other countries, but here it is quite fair and accessible for everyone.

In the US you simply include court costs in the lawsuit. Then if you win they are legally bound to pay all court costs PLUS they've lost in court and have the public knowledge that they are plagiarizers.