[Coco] HWGA (was) Coco games copyright

[Allen Huffman]

Ben, which platform?

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On Feb 11, 2009, at 3:33 PM, Ben Jimenez <ben_jimenez at yahoo.com> wrote:

> Hi,
>
> well that more then answers my question. I am think about cloning  
> some games. I guess I should try to contact the authors once I  
> determine which one(s) I want to port over to a mobile platform.
>
>
>
>
> --- On Wed, 2/11/09, Joel Ewy <jcewy at swbell.net> wrote:
>
>> From: Joel Ewy <jcewy at swbell.net>
>> Subject: Re: [Coco] HWGA (was)  Coco games copyright
>> To: "CoCoList for Color Computer Enthusiasts" <coco at maltedmedia.com>
>> Date: Wednesday, February 11, 2009, 1:01 PM
>> James Hrubik wrote:
>>> Why am I waiting with bated breath, holding my finger
>> over the DELETE
>>> key...
>>>
>>> Maybe each newbie should get an email from Dennis with
>> something to
>>> the effect that discussions of religion, politics, and
>> copyrights
>>> should be avoided because they are equally likely to
>> start flame wars.
>>>
>>> (Sorry, Joel.  I know you just wanted to help the guy,
>> but I can't
>>> help thinking you were just trolled.)
>>>
>> Maybe so.  But I've now said all I have to say on the
>> matter, and I
>> won't respond to insults or taunts.  Nothing anybody
>> can say to me on
>> this list can be worse than things I've been told in
>> person.
>>
>> JCE
>>> On Feb 11, 2009, at Wednesday, February 11, 2009 -
>> 1:51 PM, Joel Ewy
>>> wrote:
>>>
>>>> Ben Jimenez wrote:
>>>>> Hello,
>>>>>
>>>>> I was thinking of converting some Coco games
>> over to a new platform,
>>>>> but was wondering what the copyright was on
>> them now?
>>>>>
>>>>> -- 
>>>>> Coco mailing list
>>>>> Coco at maltedmedia.com
>>>>> http://five.pairlist.net/mailman/listinfo/coco
>>>>>
>>>>>
>>>> Copyright is forever.  Well, not quite forever.
>> It's the life of the
>>>> author plus 70 years plus the amount of time since
>> Walt Disney died, or
>>>> something like that.
>>>>
>>>> Seriously, it isn't like patents, which expire
>> in 17 years.
>>>>
>>>> There are a number of authors of CoCo games who
>> have given permission
>>>> for their programs to be distributed for free,
>> often with certain
>>>> restrictions, such as "you may not charge for
>> a copy", etc.  This does
>>>> not mean that they have renounced their copyright
>> and put the programs
>>>> in the public domain, only that they are using
>> their copyright to
>>>> specify the terms under which their works can be
>> copied.
>>>>
>>>> L. Curtis Boyle has received permission to make
>> some of these games
>>>> available for download from his web site, and has
>> documented the
>>>> permissions he has.  Since these authors have
>> given some enhanced
>>>> permissions for their works, they might be
>> amenable to discussing a
>>>> port.  You'd just have to get in touch with
>> them and see.
>>>>
>>>> Of course, if you're just talking about
>> writing your own clone of their
>>>> original game, you don't need to get any
>> permission or worry about
>>>> copyright, unless you directly copy stuff from the
>> game, or use
>>>> trademarked names and so on.
>>>>
>>>> Now since these things are pretty old, and many of
>> the old authors
>>>> aren't involved with the CoCo anymore, you
>> might get away with just
>>>> appropriating it, but of course you'd be doing
>> so at the risk that they
>>>> would take notice and threaten a lawsuit.  How
>> likely that would be
>>>> would probably depend on how you use it.  If you
>> are trying to sell
>>>> copies of a game that blatantly steals their
>> copyrighted materials, they
>>>> would probably be more likely to take offense, or
>> take action.  If you
>>>> do it for fun and give it away for free, and
>> position it as a fan paying
>>>> tribute to a great game of the past, they may not
>> care, and might even
>>>> feel honored that their old work has been
>> remembered.  On the other
>>>> hand, they might still be perfectly within their
>> rights to sue you.  Do
>>>> so at your own risk.
>>>>
>>>> One other factor is that for most of these
>> programs there's no economic
>>>> benefit to be gained from suing you.  It's not
>> as if you're depriving
>>>> them of any significant potential income from
>> these 20+ years old
>>>> programs.  But for some people it may be a matter
>> of principle.
>>>>
>>>> Now, there may be some CoCo games out there that
>> are really Open Source,
>>>> or something approximating that.  Those you should
>> be able to port more
>>>> freely.  But for those that aren't you are
>> either going to have to
>>>> disassemble them or contact the original author
>> and see if the source
>>>> code is still around.
>>>>
>>>> JCE
>>>>
>>>>
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>>>
>>>
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>>
>>
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