[comp.sources.d] Legal Question

reyn@trsvax.UUCP (07/06/90)

This seems to be in line with this groups interests, so here goes ...

Can the rules of a game be copyrighted or patented?

The rules of a game could be considered to be the algorithm by which it is
played.  Algorithms, as such, are not patentable.  Algorithms that have an
application can be considered inventions and are patentable.  Is a game a
valid application in this sense?


I've seen several computer games of late which are variants on the theme of
"match the tiles".  These games have different names and different icons,
but their rules are identical.  I've not seen one, but the same rules could
be applied to a "board game".  Are the programmers in any danger of
lawsuits based on rule infringements?







I know many will have an opinion on this topic, but I would appreciate
hearing from those who have a legal basis for their opinions.

					John Reynolds

drd@siia.mv.com (David Dick) (07/09/90)

In <191100007@trsvax> reyn@trsvax.UUCP writes:


>This seems to be in line with this groups interests, so here goes ...

>Can the rules of a game be copyrighted or patented?

>The rules of a game could be considered to be the algorithm by which it is
>played.  Algorithms, as such, are not patentable.

Unfortunately, the Patent Office seems to have forgotten this
recently.  The first example, I think, was the patent granted
to Merill-Lynch for the way their "Cash Management Account" 
(a scheme for automatically sweeping money into interest-bearing 
accounts, etc.) worked.  Another example may be the patent
Apple has on the way their graphic "regions" work.

David Dick
Software Innovations, Inc. [the Software Moving Company (sm)]

wex@sitting.pws.bull.com (Buckaroo Banzai) (07/13/90)

In article <1990Jul9.164219.27369@siia.mv.com> drd@siia.mv.com (David Dick) writes:

   In <191100007@trsvax> reyn@trsvax.UUCP writes:
   >Can the rules of a game be copyrighted or patented?

   >The rules of a game could be considered to be the algorithm by which it is
   >played.  Algorithms, as such, are not patentable.

   Unfortunately, the Patent Office seems to have forgotten this
   recently.  The first example, I think, was the patent granted
   to Merill-Lynch for the way their "Cash Management Account" 
   (a scheme for automatically sweeping money into interest-bearing 
   accounts, etc.) worked.  Another example may be the patent
   Apple has on the way their graphic "regions" work.

Well, yes and no.  Algorithms, as such, are not exactly patentable.
However, *processes* are patentable.  It may be argued that an algorithm is
an embodiment of a software process*.  That way one can apply for (and
sometimes get) a patent on such a process.

[*I know - process has a specific meaning in software.  What I mean here is
"a series of steps used to accomplish something."  Most process patents are
on manufacturing processes.]

--
--Alan Wexelblat
Bull Worldwide Information Systems	internet: wex@pws.bull.com
phone: (508) 294-7485 (new #)		Usenet: spdcc.com!know!wex
"The aim of life, its only aim, is to be free.  Free of what?  Free to
do what?  Only to be free, that is all."

david@csource.oz.au (david nugent) (07/16/90)

In <WEX.90Jul13112527@sitting.pws.bull.com> wex@sitting.pws.bull.com (Buckaroo Banzai) writes:

>Algorithms, as such, are not exactly patentable.
>However, *processes* are patentable.  It may be argued that an algorithm is
>an embodiment of a software process*.  That way one can apply for (and
>sometimes get) a patent on such a process.

Shouldn't that be the other way around: a software process is an embodiment
of an algorithm?

-- 
_______________________________________________________________________________
 Unique Computing Pty Ltd  Melbourne  Australia  -  Communications Specialists 
        david@csource.oz.au    3:632/348@fidonet    28:4100/1@signet           

wdr@wang.com (William Ricker) (07/18/90)

wex@sitting.pws.bull.com (Buckaroo Banzai) writes:

>drd@siia.mv.com (David Dick) writes:

>   In <191100007@trsvax> reyn@trsvax.UUCP writes:
>   >Can the rules of a game be copyrighted or patented?

The Rules, Paraphernalia, and concepts of the classic board game
Monopoly were patented.  I have read the patent, which is the usual
collection of stacked claims, broad to narrow.  I have just sent a
request to my friend who has a copy for the # and date, and will post
same when received, so you  needn't ask for it.
                --bill
-- 
/bill ricker/
wdr@wang.com a/k/a wricker@northeastern.edu
*** Warning: This account not authorized to express opinions ***

oz@yunexus.yorku.ca (Ozan Yigit) (07/20/90)

In article <apxyxr.gmp@wang.com> wdr@wang.com (William Ricker) writes:
>wex@sitting.pws.bull.com (Buckaroo Banzai) writes:
>
>>drd@siia.mv.com (David Dick) writes:
>
>>   In <191100007@trsvax> reyn@trsvax.UUCP writes:
>>   >Can the rules of a game be copyrighted or patented?
>
>The Rules, Paraphernalia, and concepts of the classic board game
>Monopoly were patented.  I have read the patent, which is the usual
>collection of stacked claims, broad to narrow. 

I believe the patent by Charles B. Darrow is now expired, and thus the
only protected parts of the game Monopoly [trademark of Parker Bros.] 
are those parts trademarked and copyrighted by Parker Brothers. There is
supposed to be another board game called "anti-monopoly" with similar
rules.

oz
---
Sometimes when you fill a vacuum, it still sucks. | oz@nexus.yorku.ca
				        Rob Pike  | or (416) 736 5257

wdr@wang.com (William Ricker) (07/21/90)

I wrote:

>>   In <191100007@trsvax> reyn@trsvax.UUCP writes:
>>   >Can the rules of a game be copyrighted or patented?

>The Rules, Paraphernalia, and concepts of the classic board game
>Monopoly were patented.  I have read the patent, which is the usual
>collection of stacked claims, broad to narrow.  I have just sent a
>request to my friend who has a copy for the # and date, and will post
>same when received, so you  needn't ask for it.

I received:

Received: from office.wang.com by sununix.comm.wang.com 
        with SMTP (5.61/25-eef)
Subject:      Monopoly
Comments:     Package Item - Monopoly
To: <wdr@wang.wang.com>
X-Office-To:  USENET SMTP

Bill,
    Charles B. Darrow of Philadelphia assignor to Parker Bros. Inc., Salem 
Mass, a corporation of Maine. "Board Game Apparatus", No. 2,026,082
Application filed Aug. 31, 1935, Patented Dec. 31, 1935. Nine claims.
                                                             Jim

[The miracles of modern translating Gateways. This message came
from a Wang Office message from a friend who helped automate the
patent office, which I forwarded as a Wang Office package to my Unix
mail-box, and now post for the curious.
   --bill ]
-- 
/bill ricker/
wdr@wang.com a/k/a wricker@northeastern.edu
*** Warning: This account not authorized to express opinions ***

wdr@wang.com (William Ricker) (07/24/90)

>>>   In <191100007@trsvax> reyn@trsvax.UUCP writes:
>>>   >Can the rules of a game be copyrighted or patented?

I wrote
>>The Rules, Paraphernalia, and concepts of the classic board game
>>Monopoly were patented.  I have read the patent, which is the usual
>>collection of stacked claims, broad to narrow. 
and later posted the citation.

oz@yunexus.yorku.ca (Ozan Yigit) writes:
>I believe the patent by Charles B. Darrow is now expired, and thus the
>only protected parts of the game Monopoly [trademark of Parker Bros.] 
>are those parts trademarked and copyrighted by Parker Brothers.

Certainly.  I was answering the question whether one *could* patent a
game by exhibiting with a game which "was patented".
     I used "was" in the sense of "had been" rather than the sense of 
"currently under protection of", which as Oz points out has long since 
expired.
-- 
/bill ricker/
wdr@wang.com a/k/a wricker@northeastern.edu
*** Warning: This account not authorized to express opinions ***