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Re: (TFT) Appropriate use of copyrighted material
I'm not an attorney, but I play one on TV. Er, uh, I mean I am an attorney
and I don't play one on TV.
But it looks to me like the hypothetical computerization of Melee could
probably be designed so as to avoid infringement of Howard's intellectual
property:
1. It should be named something other than "Melee", "The Fantasy Trip", etc.
These are trademarks of Metagaming and probably went to Howard when
Metagaming ceased to exist. Although he has met the standard for abandonment
of a trademark, it's possible to get an abandoned trademark back. So, to be
safe, name it something else.
2. The rules can be the same rules as Melee. Just don't write them down
verbatim. You cannot copyright an idea, only its expression. Now the line
between ideas and expression can be somewhat fuzzy, but I think you'd be
okay here.
Legally, I think you can probably do it. Whether it's ethical is another
issue entirely. I can see it both ways. Anyway, I hope this helps.
Of course, this is not legal advice. Consult an intellectual property
attorney before relying on this information, etc. I'm only offering this
information as casual conversation, etc.
--Ty Beard, Attorney at Law
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