Re: Midgard

From: madcentral@aol.com (MadCentral)

Date: Wed, 25 Feb 2004 18:37:10 +0000

>>So if someone released a PBM game called Midgard that was "very
similar" to the original Midgard game, I could sue for a "passing off"
infringement under common law. <<

Most games, particularly in a closely related genre like PBM, share some
mechanical ideas.  Check out the rules in Midgard, and Im sure you'll have seen
some of them elsewhere.  (Unless Midgard is the first ever game with not a
single mechanic shared with any other game on earth) This doesn't mean Midgard
has "copied" them, only that certain mechanics become "the norm", or that its
very easy for several people in a genre to come to similar conclusions.

For instance, in RPGs, AD&D's "level-based" character system has been used by
other games.  Other companies preferred a "class based" system and this was
then re-used, with each new system putting their own slant on it and refining
the system for their use.

Were a company to decide to make a Midgard-styled game, and thought that it was
a clever strategy to copy a game that has consistently failed to actually last
commercially, they could pick and choose the mechanics they liked, put their
own slant on them and then reword the whole thing.  The owner of Midgard would
have no chance in hell of ever making a case based on "passing off".  No
copyright or trademark would have been infringed.

You don't need to worry about it, Im not suggesting Id ever think this was a
good idea myself, there's no way I'd waste my time on a project like that.  Nor
do I expect anybody else would.  But if they did, there's really nothing you
could do about it.  Short of "removing their head" as you so grandly threatened
previously, of course.

Frankly, I rather think that most designers would prefer to make their own
game.  But if somebody wanted to make a new Midgard, your "ownership", which
amounts to some pages of rules describing the mechanics for a hand-moderated
game that no longer runs, wouldn't be worth squat.  You have no trademark
rights.  Your "process" (the method by which a game would be run) is a
well-known one in the public domain.

I'm in the same situation with several of the games I ran in the old days.
Anybody could set up and run "Night of the Things", or "Bad Guys", both of
which were as well-known and well-played, if not more, than Midgard in its day.
 Neither name is trademarked.  As long as they didn't outright copy my rules
text, I'd have no case, just like you have no case.

>>Just in case anyone is buying into the
garbage that idiot from Madhouse is spewing.<<

I really don't give a hoot what names you call me, because you just sound kinda
sad.  I may be an "idiot", sure, but I'm a confident idiot.  So shout your
mouth off and make any threats you like if it makes you feel big.  Knock
yourself out!

Steve T.

References

Re: Midgard
Stephen Weir <sweir@sweir.free-online.co.uk>
Tue, 24 Feb 2004 18:59:41 +0000

Referenced By

Re: Midgard
Stephen Weir <sweir@sweir.free-online.co.uk>
Tue, 24 Feb 2004 18:59:41 +0000