Shareware, copyright and fangames

Miscellaneous Topics
#1

I’ve been working on a DooM fangame for quite sometime (for a certain value of “working”, anyway), and, considering the upcoming DooM 4 release, I keep being concerned about Zenimax dropping by to crush me.

One decision I recently made (also in order to reduce content to develop and see if I finally finish the damn thing) has been to restrict myself to the contents of the DooM shareware, that is, only use monsters, maps and items present in that release (Which encompasses the first episode of the original DooM game).

Mind you, all assets are my own creation, inspired by the originals, I’m not ripping textures or anything.

So I’m wondering if using IP from a shareware title has any bearing on the rocky situation a free fangame is in already.

I do know shareware is still protected under copyright laws, I’m just wondering if it would make a difference to litigious IP holders, or if there’s any precedent regarding the use of IPs from shareware products.

Thanks.

Oh, and I’m ready to swap assets if I ever get hit with the “cease and desist” hammer. I’m not naive enough to think my fangame will somehow be protected or something if the IP holders come calling.

#2

IANAL…If your game is not called Doom and doesn’t have Doom in its title (so doesn’t use the trade mark) then you won’t be at fault in this area.

To be sure I would email Zenimax and ask them, no harm in doing this to hear what they want to say, I know of another group of people that did this with Bethesda and they basically gave their permission.

#3

No don’t ask. Lawyers always say no and now you have just given them proof you believe you are using there IP.

Note that copyright does not protect ideas. It protects a particular implementation/expression of ideas. For example anyone can write a story about an physically scared orphaned wizard that goes to a hidden school of magic with a redhead and loser for best friends. But ya can’t call him harry potter, and you probably want that scar to be from something different.

#4

I actually did write to Zenimax a few years back when I began working on the project, making it clear that it is merely a learning project with no intention to ever be sold.

Never got a reply.

Back when I sent that email, John Carmack was still part of id Software and had given his blessing to the DooM Roguelike project, which hinted at a relaxed attitude towards fan games.

Now the environment over at id has changed a lot, particularly due to the new game, so all bets are off I guess.

In any case, I was wondering more about the implications of referencing content released for free (shareware in this case), as it would mean that the case of the fan game hurting sales would have less weight.

For example, the Classic Doom3 mod, which re-made the original DooM game using the DooM3 engine, only implemented the shareware episode, I guess to avoid being shut down for providing access to paid content.

#5

The skinny is they probably don’t care. ALSO they have to give a cease and desist notification first. Follow it and your not going to get sued. 99.9% of the time.

#6

If you are not taking own profit from it, nor are reducing their profit in any way, it is unlikely that anybody will drag that through a legal process.
Due to the ambiguity of the case, it would likely cost more to pursue than to just leave it be.

#7

I guess I’d get in trouble if my game miraculously becomes popular, if only because of the mandate to protect their IP lest it sets a precedent.

But seeing how me actually finishing the game is possibly less likely than it being popular, I don’t think I’ll have to worry :stuck_out_tongue:

#8

there is in fact no requirement to protect copyright stuff, they can just let it all slide if they want (see Eve Online fan stuff). They can just leave it for 90 years then decide to sue (cease and desist first), it is trademark that you need to be vigilant about to keep it.

#9

its a pretty big IP to mess with but also a lot of fan stuff has been created.
Worst case would be C&D, you know that… but you knew this could very happen, before you started I assume

Asking them is just gonna wake sleeping dogs, a dev maybe, but the lawyers will always say no and put you on a watchlist, even if they wouldnt be in the right. its not like every C&D is lawful.
but protecting the IP is their job…

you thinking you can save yourself by limiting your assets to the shareware stuff is cute :stuck_out_tongue:
I mean the copyright is the same, even if it was a freeware game altogether, I think if it hurts your game I wouldnt limit myself to those assets

#10

Indeed I did. Simply renaming stuff and doing some minor cosmetic changes would get me in the clear. Just like those guys who wanted to make an Aliens game and could not secure the license so they had to repurpose their game into something about shooting demons in hell… :wink:

[quote]you thinking you can save yourself by limiting your assets to the shareware stuff is cute :stuck_out_tongue:
[/quote]
Nah, I don’t think it’ll protect me, I made the decision to limit myself to those assets first, so as to simplify the content and not drown in too much stuff to do (It is a learning project, after all. My intention is to use the framework I develop to create my own thing afterwards).

The musings on the impact of shareware/freeware content on fan projects came afterwards.