Re: [HoE] Re: Patenting RPGs

["Martin Hackleman" <hacklemonster@mindspring.com>]

I am of the same thought.  Even if they could win over the judge, the
industry wouldn't let this go through.  It will fail, I believe.

-mh

-----Original Message-----
From: Atomicandy@aol.com <Atomicandy@aol.com>
To: hoe@gamerz.net <hoe@gamerz.net>
Date: Saturday, September 11, 1999 2:36 PM
Subject: Re: [HoE] Re: Patenting RPGs


><< I have also heard that WotC is trying to put out a patent on
"role-playing
> > game."  I'm not sure if the rumor is true or not, but they do own
patents
>on
> > "collectible card games" and "tapping."
> >
> > Comments? >>
>Assuming it's not just an evil WotC rumor, there are some major problems
with
>attempting to "patent" a genre of games.  First, are they trying to patent
>the various game systems they hold rights to, or are they attempting to
>copyright the term, "role-playing game"?  If they are attempting to patent
a
>system, let's say, oh, AD&D, I think that might be doable.  No one else
would
>be able to use a system which uses similar character classes and uses a 20
>sided dice to resolve combat and various levels, yadda, yadda, yadda.  But
it
>would impossible to enforce.  Various other game companies can attempt to
>patent thier own systems, and they only need to show that thier system
>deviates from AD&D system in some important way.  I have worked as a
>technical editor in a translation agency and we always got foreign patents
>from patent attornies, and the patents would really split hairs to show how
>their product is vastly different than anything on the market.  I remember
>one for Port-a-potties, which went into great detail about how the shape of
>thier urinal is so "new, better, different," that it clearly doesn't
infringe
>on any present patents.  So WotC could patent thier game sytems, but it
would
>be a waste of time.
>If WotC try to copyright or trademark the term, "role-playing game", well,
>they probably can't.  Terms in common usage cannot be copywritten.  For
>instance, linoleum used to be a trade name, but the term became common
usage,
>so the company lost thier trademark.  A whole bunch of stuff used to be
trade
>names but they have became common use names.  That's why Xerox always takes
>out full-page ads in Writer's Digest.  Thier ads say, "You can't xerox a
>xerox on a xerox" and then the ad goes on to beg aspiring writers not to
use
>the term xerox when they mean "copy" or "copy-machine".  Xerox is
constantly
>fighting off threats to thier trademark.  The term "role-playing game" has
>been in common usage for over 20 years.  WotC could try to copyright the
>term, but it would probably be laughed out of court.
>At least that's my humble opinion.  It's probably just a rumor designed to
>sow fear of the the evil empire, anyway.
>Rick - Atomic Candy
>
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