[Fedora-packaging] Remakes legality question

Hans de Goede j.w.r.degoede at hhs.nl
Sun Jul 27 15:38:35 UTC 2008


Christian Morales Vega wrote:
> I was trying to package a Road Fighter
> (http://en.wikipedia.org/wiki/Road_Fighter) remake:
> http://roadfighter.jorito.net/ -
> http://www.braingames.getput.com/roadf/default.asp in the openSUSE
> Build Service for openSUSE and Fedora. Since looks like Fedora  has
> more experience and looks deeper at legal questions I'm asking here.
> 
> The problem is nobody is very sure about the legal questions
> (http://www.braingames.getput.com/forum/forum_posts.asp?TID=678&PN=1).
> - Can the remake be named "Road Fighter"?

If the original was also name "Road Fighter" or something sounding simular: no!

> - If isn't just also a "cars game", but even the tracks are made
> thinking in being the same than in the original game... it's a
> problem? (if it's a copy of the full game the "full game copyright"
> applies?)

The same concept is okay, so start with an oval then something with more curves 
etc, exactly the same track layout is copying of probably copyrightable 
artistic expression and thus is not ok.

> - I suppose the tracks can't have "ads" with "Konami" name, true?

No, that is a trademark and may not be used without permission

> - Should any mention to Konami be removed, or things like this one
> (http://img360.imageshack.us/my.php?image=roadfighterscreenwi0.jpg)
> aren't a problem?
> 

All references to trademarks, esp. trademarks which relate to the original must 
be removed.

Game clones are allowed with regards to the concept, copying or getting close 
to copying copyrightable artistic works like graphics, logos, level outlays, 
music, sounds, etc. is not ok!

Using / refering other peoples trademarks also is not ok.

Regards,

Hans




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