   Copyright, IP, Abandonware?
  http://www.gamedev.net/community/forums/topic.asp?topic_id=485134&PageSize=25&WhichPage=1Just got done reading the above post. However I still have a few questions I'd like answered. I apologize if this sounds silly to ask, but would the IP laws still apply if you where merely trying to PORT a game?I will refer to the game in question as "project X". Now let's say "Project: X" was a multiplayer only game that never made it out of the beta stage. Years later the company who programed and produced the game went out of business, as a result online play ceased never to be seen again... If you had a fair amount of the resources to Project: X, would it be okay to create a PORT of the game in order to restore it into a playable state? Or would this still violate copyright laws since I don't own the IP? Wouldn't the game be classified as Abandonware at this point since their is no more money to be made on project: X by its original authors? I have no interest in selling Project: X for money, so honestly I think I'm safe to continue my work. What if I created all new textures for Project: X, but kept the level design intact? Would that still be illegal? Maybe if I made the port available as donationware, and send all the funds to the current IP holders could they still abject? They could, though it would prove to be a silly move on their part in my opinion.... Again I will state that my only interest in Project: X is to make the game playable again, also update the visuals, and keep the original story and game play exactly the same.I just would like to know what I'm getting into.... lol   
  Yeah in my non-legal opinion it still sounds like infringement, however, if the owner of the IP doesn't exist (and their assets weren't passed on to another party), then you're not really at risk of being shut down.Regarding Abandonware, distributing those games is still infringment in many cases - it's just that the owners of the IP aren't taking measures to protect their IP any more (often because they don't exist). You could technically get in to trouble for downloading some "abandonware" software, but in practice the risks are usually acceptable.As for it being illegal - the worst thing that can happen is the owner of the IP sues you for infringement (yeah, that's not good). But normally what would happen is they would threaten to sue you, and you would shit your pants and agree to their demands. If you're ok with taking that risk, and you're sure that no-one is protecting that IP any more, then go ahead and take that (small?) risk.If someone does own that IP, then track them down and ask for permission!As for selling it and then forwarding on the money - if you break into Mc Donalds and start running their store for them, that doesn't really make up for breaking in... Especially if you change the recipe and change the pricing structure.   ;  There is no such thing as "abandonware". Unless the legitimate owner of some IP explicitely states something like "I release Project X into the public domain", you're not allowed to use the intellectual property.A company going out of business means little, there is usually still someone who has a claim on the company's former belongings (same if a company is liquidated). Even if the original authors are dead, you have a timespan of 70-100 years (depending on country) before you can use something freely.Note that this may not (again, depending on country) apply to the product's name. There is a difference between copyright and trade marks. A trade mark is usually assigned for 5-10 years, and if the owner fails to renew it, it's gone (it is quite a bit more complicated than that in reality, but basically that's the idea).All in all, the standard answer "ask a specialist lawyer" applies here too. Even that does not give you any 100% guarantees, but it's as good as you can go.   ;Quote:Original post by samothThere is no such thing as "abandonware". Unless the legitimate owner of some IP explicitely states something like "I release Project X into the public domain", you're not allowed to use the intellectual property.Quote:Abandonware is a term used to describe computer software ... whose copyright  ownership may be unclear for various reasons. In most cases, software classed as abandonware is not in the public domain, as it has never had its original copyright  revoked and some company still owns exclusive rights. Therefore, downloading such software is usually considered copyright infringement, though in practice copyright holders rarely enforce their abandonware copyrights.Public domain isn't abandonware, it's free. Abondonware is a grey area. It's like keeping money you find on the ground - technically wrong, but no real consequences.   ;  Moving to business and law.   ;  Your described use of the game's assets and storyline would be infringing.  Copyright protection exists at the moment of creation regardless of whether the material is ever published.  Copyright grants the owner certain exclusive rights to the material including the right to create derivatives.  You admit that you are not the copyright owner in Project X and therefore making a port (which is a derivative as you are only repurposing assets to a new platform) is an infringement because you have access and would need to copy nearly all of the original material.  This is textbook copyright infringement.  There is no such thing as "abandonware" under US copyright law and it would not be a defense to infringement.  The fact you do not intend to profit off the game is irrelevant as there is no automatic fair use under copyright.  If you want to release the game and avoid liability, contact the orignal developers or owners of the studio and obtain their permission to use the materials in your possession.  Just because the company does not exist anymore does not mean that the copyright protection lapsed into the public domain.  Good luck!   ;  Look into King's Quest and the issues they've had, and they were making a "new" game faithful to the original IP. Unless you have written consent from the owner of the IP you're on the wrong side of the law.   ;  Sorry but as others have said what you propose is copyright infringement. None of the suggestions you make alter that fact in any way.   ;Quote:Original post by HodgmanPublic domain isn't abandonware, it's free.And it's not what I said. Work placed in the public domain is one of the two or three available possibilities to legally use it.Quote:Original post by HodgmanAbondonware is a grey area. It's like keeping money you find on the ground - technically wrong, but no real consequences.No, it's like taking a candy bar out of the Kwik-E-Market when the cashier is on the toilet, no more no less. There is no grey, there is only black and white. There's the owner and there's everyone else. The mere fact that someone doesn't maintain something (or doesn't seem to have much interest in it) does not grant you any rights whatsoever. You only have rights that the rightful owner explicitely grants. Not being pursued does not mean it's legal or "semi-legal" (i.e. grey).   ;  Thanks for all the friendly responses. I have not had any luck contacting the original authors of Project X at this time. I still believe my port in progress is safe, since the game engine has already been reworked by another developer. Who has had no issues concerning IP that I know of. (The game engine for the original Project X is NOT owned by the IP holder of Project X) My own project will not be using either engine. The sources for Project X can be accessed freely, and the game is also freely available to download... What if I take the approach that you have to download the original game, before my own project will work? Additionally may I point out that the chances of anyone pursuing my port legally are very slim. Not that I like playing with fire or anything..... (If this sounds arogant, I apologize)Here is a good example, http://ufotts.ninex.info/ which is a port of Xcom containing new graphics and game play. The author has impressive credentials, which I know mean next to nothing in court.... The point I'm trying to make is that the owners of Xcom's IP would have nothing to gain by shutting his project down. Doing so would be really bad publicity! So while the verdict still remains that porting Project X would be "Illegal", I will continue to work on it as a hobby because I find the whole process of reworking this game very enjoyable. :) Am I crazy?Sorry if the above statement sounds a bit foolish, but I really just want to play my favorite game again. (Who doesnt?) I'd like to share it with others but that may not be possible do to the nature of IP laws. I do not condone the theft or use of someone's IP, but people who wish to port a broken game should just be left alone! If companies actually shut down ports, I think we would see it more often. This is a double edged sword for them, since they are also taking a stab at some of their biggest fans. Two examples I can think of are: Aliens Quake, and Halo Wars. I understand why they where shutdown, due to the simple fact that the owners of the IP's where aiming to create a similar game in contrast to what some of their fans where creating. So it's obvious they wouldn't want competition, specially if the game is free.....   