[comp.sys.amiga] Tetris Clones

djh@dragon.metaphor.com (Dallas J. Hodgson) (05/02/90)

After reading Fred Fish's article, I BOUGHT a copy of Tetris for the Amiga.

Wouldn't you -KNOW- that it won't run on an A-3000.

So, I returned it. So, keep playin' them clones that do work!

+----------------------------------------------------------------------------+
| Dallas J. Hodgson               |     "This here's the wattle,             |
| Metaphor Computer Systems       |      It's the emblem of our land.        |
| Mountain View, Ca.              |      You can put it in a bottle,         |
| USENET : djh@metaphor.com       |      You can hold it in your hand."      |
+============================================================================+
| "The views I express are my own, and not necessarily those of my employer" |
+----------------------------------------------------------------------------+

fnf@estinc.UUCP (Fred Fish) (05/04/90)

In article <1125@metaphor.Metaphor.COM> djh@dragon.metaphor.com (Dallas J. Hodgson) writes:
>
>After reading Fred Fish's article, I BOUGHT a copy of Tetris for the Amiga.
>Wouldn't you -KNOW- that it won't run on an A-3000.
>So, I returned it. So, keep playin' them clones that do work!

BTW, just to keep the net informed, things are still on hold with regard to
the status of disks 173, 221, 230, 238, 305, and 324.  It appears at this
point that I WILL have to issue a recall of these disks.

The situation is that Spectrum Holobyte has reviewed the disks I sent them
and rendered a verbal opinion that all of them infringe on their Tetris
product.  They claim to have absolute rights on the look and feel of their
game, and that their contract with the Russian inventor requires that they
vigorously pursue any infringers.  Regardless of my personal opinions on
the validity of their claim, which I won't state at this point, I will be
forced to remove these disks from the library or most likely face some sort
of legal fight, which I have neither the time, funds, or energy to pursue.

I am currently awaiting written confirmation of their position before 
issuing a recall notice.  I will post the contents of whatever confirmation
I receive from them.

-Fred
-- 
# Fred Fish, 1835 E. Belmont Drive, Tempe, AZ 85284,  USA
# 1-602-491-0048           asuvax!{nud,mcdphx}!estinc!fnf

rlcarr@athena.mit.edu (Denizen of Hell) (05/04/90)

In article <280@estinc.UUCP> fnf@estinc.UUCP (Fred Fish) writes:
>In article <1125@metaphor.Metaphor.COM> djh@dragon.metaphor.com (Dallas J. Hodgson) writes:
>The situation is that Spectrum Holobyte has reviewed the disks I sent them
>and rendered a verbal opinion that all of them infringe on their Tetris
>product.  They claim to have absolute rights on the look and feel of their

Well, Spectrum Holobyte just lost themselves a customer right here.
And I hope many others follow.
Maybe General Dynamics will sue SH over the look and feel of the F-16 1/10 :-)

Can we retcon SH out of all the Amiga ads?  Why publicize them?



--
Rich Carreiro                                        Denizen of Hell
ARPA: rlcarr@athena.mit.edu                         Graduate Student
UUCP: ...!mit-eddie!mit-athena!rlcarr                      MIT
BITNET: rlcarr@athena.mit.edu                      Physics Department

FelineGrace@cup.portal.com (Dana B Bourgeois) (05/05/90)

Well, I guess I better get a copy of the better versions of PD "Tetris".
Which disk has the best palying version?  I have to move fast B4
Fred is forced to recall.

Dana etc.

PS - I won't be buying products from a company that makes its money
from "vigorously pursuing possible infringers of 'look and feel'".

To paraphrase someone famous: 'Let them sue to eat my cake.'

tadguy@cs.odu.edu (Tad Guy) (05/07/90)

In article <280@estinc.UUCP> fnf@estinc.UUCP (Fred Fish) writes:
> It appears at this point that I WILL have to issue a recall of these
> disks.  ...Spectrum Holobyte has reviewed the disks I sent them and
> rendered a verbal opinion that all of them infringe on their Tetris
> product.  They claim to have absolute rights on the look and feel of
> their game, and that their contract with the Russian inventor
> requires that they vigorously pursue any infringers.

I was under the impression that if something is free (ie, no profit)
then the creator/distributor of the free code cannot be threatened
like this... 

Am I wrong here?  What's to keep people who already have those disks
from distributing the tetris clones some other way (like
comp.binaries.amiga or via BBSs)?  In fact, two tetris clones have
already appeared in comp.binaries.amiga; what of them?

I'm offended not by Fred's actions, but by the mentality of SH
thinking they can prevent people from making/distributing free
software...

	...tad

consp11@bingsuns.cc.binghamton.edu (Brett Kessler) (05/08/90)

Does anybody have the mailing address for Spectrum Holobyte?  I'd like to
give them a piece of my mind.  (A small one - I haven't got much ;-)

But honestly, just saying "well, I won't buy SH stuff anymore" isn't going
to do diddley-squat - the company won't know why!  So, I for one, am going
to be sure that I tell them.

+------///-+------------------| BRETT KESSLER |------------------+-\\\------+
|     ///  |         consp11@bingvaxu.cc.binghamton.edu          |  \\\     |
| \\\///   |              consp11@bingvaxa.BITNET                |   \\\/// |
|  \XX/    |              (PeopleLink)  B.KESSLER                |    \XX/  |
+----------+-----------------------------------------------------+----------+

fnf@fishpond.UUCP (Fred Fish) (05/08/90)

In article <TADGUY.90May6151713@aelle.cs.odu.edu> tadguy@cs.odu.edu (Tad Guy) writes:
>I was under the impression that if something is free (ie, no profit)
>then the creator/distributor of the free code cannot be threatened
>like this... 

Not so according to my understanding of copyright law.  Actual profit or
profit motive has nothing to do with whether or not infringement has taken
place and whether or not damages can or will be imposed by the court.

-Fred  (still waiting for something in writing from Spectrum Holobyte)
-- 
# Fred Fish, 1835 E. Belmont Drive, Tempe, AZ 85284,  USA
# 1-602-491-0048               asuvax!mcdphx!fishpond!fnf

kms@uncecs.edu (Ken Steele) (05/09/90)

In article <103@fishpond.UUCP>, fnf@fishpond.UUCP (Fred Fish) writes:
> In article <TADGUY.90May6151713@aelle.cs.odu.edu> tadguy@cs.odu.edu (Tad Guy) writes:
> >I was under the impression that if something is free (ie, no profit)
> >then the creator/distributor of the free code cannot be threatened
> >like this... 
> 
> Not so according to my understanding of copyright law.  Actual profit or
> profit motive has nothing to do with whether or not infringement has taken
> place and whether or not damages can or will be imposed by the court.
> 
> -Fred  (still waiting for something in writing from Spectrum Holobyte)

What exactly is being infringed here according to Spectrum Holobyte?
Is it some specific aspect (like too close a name) which all have
in common?  Or is it more vague, like "look and feel"?

In the case of the latter, how could anyone escape such a charge?
For example, California Dreams "BlockOut" certainly "reminds" me
of Tetris--and its 3D aspect doesn't diminish that portion of its
look-and-feel.

Did Spectrum lose a sale from me to California Dreams?  No, they
both lost to DungeonMaster.  Hey, it reminds me of another game.
Argh!  Will this look-and-feel plagiarism never end?  :-)

At least SH's 'Welltris' can't be accused of violating any
look-and-feel or who's-first issues.  :-) :-) :-)

Ken
-- 
Ken Steele   Dept. of Psychology    kms@ecsvax.bitnet
             Mars Hill College      kms@ecsvax.uncecs.edu
             Mars Hill, NC 28754    {some big name site}!mcnc!ecsvax!kms   

cosell@bbn.com (Bernie Cosell) (05/09/90)

kms@uncecs.edu (Ken Steele) writes:

}In article <103@fishpond.UUCP>, fnf@fishpond.UUCP (Fred Fish) writes:
}> In article <TADGUY.90May6151713@aelle.cs.odu.edu> tadguy@cs.odu.edu (Tad Guy) writes:
}> >I was under the impression that if something is free (ie, no profit)
}> >then the creator/distributor of the free code cannot be threatened
}> >like this... 
}> 
}> Not so according to my understanding of copyright law.  Actual profit or
}> profit motive has nothing to do with whether or not infringement has taken
}> place and whether or not damages can or will be imposed by the court.
}> 
}> -Fred  (still waiting for something in writing from Spectrum Holobyte)

}What exactly is being infringed here according to Spectrum Holobyte?
}Is it some specific aspect (like too close a name) which all have
}in common?  Or is it more vague, like "look and feel"?

}In the case of the latter, how could anyone escape such a charge?
}For example, California Dreams "BlockOut" certainly "reminds" me
}of Tetris--and its 3D aspect doesn't diminish that portion of its
}look-and-feel.

Either you're being disingenuous, or else remarkably non-observant.
One can at least make a case that "blockout" represents a defensible
expansion of SH's original.  On the other hand, most of the programs of
concern to Fred, and that SH is complaining about, are *clearly* little
more than ripoffs.  That the game is simple, elegant, and well-balanced
is a testament to its creator [don't you wish *YOU* could come up with
an idea that good... just once...  I'm hoping I can manage it just once
in my career, but I'm still waiting (and not getting any
younger...:-))]; unfortunately, it is also virtually an engraved
invitation to the copy-cats.

It doesn't take a genius to *write* a tetris ripoff... the genius was
in figuring it out in the first place.  In fact, the simplicity of the
program works against it, since any half-competent hacker can knock one
out [on the other hand, games which might well embody _less_ creative
genius, say the much-lauded DM or Falcon or the like, aren't
beleaguered with ripoffs because they're too hard to program up.
"security by complexity", in essence].

I can't comment on the legal merits of SH's case --- but I confess that
I'm really quite sympathetic to their cause.  I long to have the
clarity of vision to be able to someday come up with something as
elegant as Tetris; it pains me to realize, however, that if I do I can
be assured that my 'market' will be flooded by hundreds of
look-alikes.  That the merit (and rewards) of a program are measured
not by the beauty of its ideas, but by how hard it is to reimplement
strikes me as pretty sad.

  /Bernie\

bdb@becker.UUCP (Bruce Becker) (05/10/90)

In article <TADGUY.90May6151713@aelle.cs.odu.edu> tadguy@cs.odu.edu (Tad Guy) writes:
|In article <280@estinc.UUCP> fnf@estinc.UUCP (Fred Fish) writes:
|> It appears at this point that I WILL have to issue a recall of these
|> disks.  ...Spectrum Holobyte has reviewed the disks I sent them and
|> rendered a verbal opinion that all of them infringe on their Tetris
|> product.  They claim to have absolute rights on the look and feel of
|> their game, and that their contract with the Russian inventor
|> requires that they vigorously pursue any infringers.
|
|I was under the impression that if something is free (ie, no profit)
|then the creator/distributor of the free code cannot be threatened
|like this... 
|
|Am I wrong here?  What's to keep people who already have those disks
|from distributing the tetris clones some other way (like
|comp.binaries.amiga or via BBSs)?  In fact, two tetris clones have
|already appeared in comp.binaries.amiga; what of them?
|
|I'm offended not by Fred's actions, but by the mentality of SH
|thinking they can prevent people from making/distributing free
|software...

	Sadly, there's a difference between theory
	and practice that impinges in Fred's operation.

	If Spectrum Holobyte threatens to sue, they have
	a strong weapon - even if the suit has no basis
	in law, the time and money required to defend
	oneself is so relatively large that justice
	becomes theoretical; one must weigh the odds
	regardless of one's supposed rights.

	I think what Spectrum Holobyte has done is
	quite wrong - I'm going to suggest that a *lot*
	of pressure be put on them to reconsider their
	action. "Look and feel" issues are essentially
	bogus; the greed involved goes way beyond the
	natural right they have to protect their product.

	In addition, by threatening Fred Fish, I feel
	they are acting contrary to the spirit of the
	larger part of the Amiga Software community.

	I think they need to be told these things by
	those who agree; if necessary, we need to threaten
	a boycott of their products. I also urge people
	not to destroy copies of the Fish disks in
	question - don't ask Fred to supply them any more
	until this is resolved - but consider making them
	available to each other, as required.

	I'm sure other Amiga friends will have more to say
	on this subject, so I'll sign off for the moment...

Cheers,
-- 
  ,u,	 Bruce Becker	Toronto, Ontario
a /i/	 Internet: bdb@becker.UUCP, bruce@gpu.utcs.toronto.edu
 `\o\-e	 UUCP: ...!uunet!mnetor!becker!bdb
 _< /_	 "I still have my phil-os-o-phy" - Meredith Monk

ab980@cleveland.Freenet.Edu (Carwil James) (06/14/90)

While all the fighting is going on about Tetris clones, this raises the
question of whether it is legal to convert Arcade games which are NOT
available for the Amiga to the Amiga format. Does anyone have a legal opinion?
Virtually,

--
|Carwil James-FreeNet BBS List Editor |InterNet: ab980@Cleveland.FreeNet.Edu|
|    / / Only Amiga  First In CD-TV   |Phone: (216)371-5729                 |
|\ \/ / Makes It  First In Mulitasking|US Snail: 16057 Brewster Rd.         |
| \/\/ Possible. First In Expandablity|          East Cleveland, OH 44112   |

papa@pollux.usc.edu (Marco Papa) (06/14/90)

In article <9006131950.AA17221@cwns9.INS.CWRU.Edu> ab980@cleveland.Freenet.Edu writes:
>While all the fighting is going on about Tetris clones, this raises the
>question of whether it is legal to convert Arcade games which are NOT
>available for the Amiga to the Amiga format. Does anyone have a legal opinion?
>Virtually,

Cloning a game for "another" machine is immaterial as far as infringment is
concerned. If you make a game that infringes, it doesn't matter what machine
it runs on.  If I was able to make an exact clone of Marios Brothers and
had it run on a Lynx instead of a Nintendo, I'd still be infringing.

-- Marco
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"Xerox sues somebody for copying?" -- David Letterman
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poirier@ellerbe.rtp.dg.com (Charles Poirier) (06/15/90)

In article <9006131950.AA17221@cwns9.INS.CWRU.Edu> ab980@cleveland.Freenet.Edu writes:
>
>While all the fighting is going on about Tetris clones, this raises the
>question of whether it is legal to convert Arcade games ...

For that matter -- what about adapting an existing *board* game to a computer
format?  Assume no trademark violation, a redrawn though logically
identical board, and rewritten though logically identical rules.  And
assume no patent has been issued.  Fair game, or what?  There can't, at least,
be any claim of "audio-visual work" copyright violation in such a case.
Anyone know of a good example / precedent?

I realize folks have gotten in trouble before for unauthorized computerization
of board games, but the only examples I can think of were egregious trademark
violations as well as copyright violations (of artwork).  Could one carefully
avoid these pitfalls and legally duplicate the full functionality of the
game (plus extra stuff like automated opponents and player aids)?  Marco?

	Cheers,
	Charles Poirier   poirier@dg-rtp.dg.com

kherron@ms.uky.edu (Kenneth Herron) (06/15/90)

poirier@ellerbe.rtp.dg.com (Charles Poirier) writes:

>>While all the fighting is going on about Tetris clones, this raises the
>>question of whether it is legal to convert Arcade games ...

>For that matter -- what about adapting an existing *board* game to a computer
>format?  

>... Could one carefully
>avoid these pitfalls and legally duplicate the full functionality of the
>game (plus extra stuff like automated opponents and player aids)? 

Well, legal theory is nice to argue about, but let's put things
in perspective:

Anyone can sue anyone else for any reason at all.  The case will go before
a judge (at least long enough to be thrown out if it's truly groundless)
but the sued party will have to get a lawyer and show up.  They don't 
have to sue you close to where you live, either.  Want to travel to
California to defend your case?

Now, if Spectrum Holobyte or Electronic Arts or Milton Bradley or
Avalon Hill sees your latest & greatest public domain or shareware game
and decides you've violated some copyright/trademark/patent/whatever that
they hold, whether they have a sound legal position or not, they can take 
you to court over it, and make you spend a few tens of thousands of dollars
on legal fees defending your side.  Given that these companies have more
money than you do, they can afford better legal aid (and don't believe
this won't make a difference).  If you successfully defend yourself, the 
big company won't have to pay your legal bills (you can countersue on the
grounds that it was a frivolous suit, but that rarely works).  If you lose, 
you'll probably have to pay theirs, as well as whatever fines they can fly
past the judge.

In short, One of these companies could grind you into the dirt if they
so chose, and it would all be perfectly legitimate because they're 
defending their rights against a perceived infringement.  All of the above
is simply a byproduct of the fact that it's expensive to go to court.
Personally, I couldn't afford to defend myself in a copyright infringement
suit, no matter how good I thought my case was.

Now, if you want to split hairs about how different a game must be to
be "safe," go to misc.legal, where copyright questions come up all the
time.  The short answer is, "different enough that the owner of the
original's copyright doesn't mind."

Kenneth Herron

papa@pollux.usc.edu (Marco Papa) (06/15/90)

In article <1990Jun15.010843.23620@dg-rtp.dg.com> poirier@dg-rtp.dg.com (  Poirier local) writes:
>For that matter -- what about adapting an existing *board* game to a computer
>format?  Assume no trademark violation, a redrawn though logically
>identical board, and rewritten though logically identical rules.  And
>assume no patent has been issued.  Fair game, or what?  There can't, at least,
>be any claim of "audio-visual work" copyright violation in such a case.
>Anyone know of a good example / precedent?
>
<>I realize folks have gotten in trouble before for unauthorized computerization
>of board games, but the only examples I can think of were egregious trademark
>violations as well as copyright violations (of artwork).  Could one carefully
>avoid these pitfalls and legally duplicate the full functionality of the
>game (plus extra stuff like automated opponents and player aids)?  Marco?

Hey, gee I'm no lawyer :-)  Anyway, copying the "functionality" of a game is
fair game :-)  If you start with the above assumptions that you want to avoid 
trademark violation (by changing the name to something COMPLETELY different),
that you want to avoid "visual copyright" infringment, by redrawing the 
board SUBSTANTIALLY different, while mantaining a similar set of rules (which
are ideas and not copyrightable and unlikely patented), you should be OK.

I'm glad to see that as a result of the discussion, quite a number of people
have finally decided that it might be better to use one's originality a little
bit more.  Remember that if you do that it will really be YOUR game, then.

-- Marco
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"Xerox sues somebody for copying?" -- David Letterman
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