Gaming and Trademarks/Copyrights/IP rights

[Ironwolf]

Going through this whole fight for City of Heroes has made me realize that putting SOFTWARE in the same catagory as books and other writing is incredibly stupid.

How many games are lost for all time because publishers close games for whatever reason? Now single player games are far less affected but I seriously think Multiplayer games should have a sunset pln in place PRIOR to the game opening or at least within the first year. The plan could be a way to go single player, private servers or any other way - but it needs to be done.

[houtex]

E.T. the Extra-Terrestrial for Atari 2600 System comes to mind of software what is not a bad thing that it is lost. 

If it was lost, of course.  I'm sure it's still lurking out there.

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But yes, it's a bit of a quandry.  The fact is that it is like a book, in that it's written, so someone should hold the copyright, and profit from the work, if they so choose.

Matter of fact, I have some... potential?... claim on software that's out there that, honestly, at this point, I don't care.  I'm sure it's not further being used (It shouldn't be.  No, really, you shouldn't be running your plants on that stuff, guys, time to upgrade from that old DOS 3.1 stuff, ok?  Thanks.  I mean it.)

But if it were used?  Hell YES I want my paycheck.  How dare you use my *licensed* software without paying me?  I spend YEARS on that stuff.  I deserve payment if it's still useful to you.

Why would you deny me a means of monetary compensation simply because there's no market for it?  Hm?  YOU find it useful... therefore, there's a market, population you, and I want my dough.

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Of course, in all honesty and reality, in this case, I really don't care.  Wouldn't suck to get paid for it, but it's so old, and so antiquated (although, for what it *did*... it was really nice stuff and would probably still work today on a current computer, provided you can get DOS3.11 to boot up on it) that if someone's using it?  Meh.  Whatevers.  Hope the plant doesn't blow up.

[The Fifth Horseman]

Houtex: Utility software is a very different animal than entertainment software, though.

As I've said many times in other places before, the most sensible solution for obsolete software would be a statute of limitations equivalent that removes copyright protection (NOT IP/trademark protection) after a certain time period passed since the software ceased to be commercially available from direct sources ( that is, no new units were produced and/or digital distribution was pulled ), as long as the redistribution (or reverse engineering) is non-profit.

Ironwolf: Single player games are not less affected, it's just that already existing copies don't auto-break. The end result is still that if the original media gets destroyed or degrades (FLOPPY DISKS, anyone?!), replacing it via legal means may be next to impossible
There's still a potential market left that ends up turning to illegal means of obtaining the games once the legal means have been exhausted / poisoned by speculants who drive prices up to something like $600 for a copy of Mario Kart 64.
Oh, and what I said about the games not auto-breaking? Doesn't apply for ones that rely on online activation and similar forms of DRM. Such as GFWL (which, according to some sources, is scheduled to be unplugged from life support a couple months from now).

[Thunder Glove]

E.T. the Extra-Terrestrial for Atari 2600 System comes to mind of software what is not a bad thing that it is lost. 

If it was lost, of course.  I'm sure it's still lurking out there.

.... there's more than a million copies in the wild, and ROMs everywhere.  It's one of the most common Atari 2600 carts (as well as one of the best-selling), and, despite its reputation, very, very far from the worst game ever (or even the worst 2600 game ever).  Why would it be lost?

[GuyPerfect]

As I've said many times in other places before, the most sensible solution for obsolete software would be a statute of limitations equivalent that removes copyright protection (NOT IP/trademark protection) after a certain time period passed since the software ceased to be commercially available from direct sources ( that is, no new units were produced and/or digital distribution was pulled ), as long as the redistribution (or reverse engineering) is non-profit.

The current law already makes provisions for that. A mere seventy years after Jack Emmert dies, City of Heroes (the software, not the property) will become public domain!

[The Fifth Horseman]

The current law already makes provisions for that. A mere seventy years after Jack Emmert dies, City of Heroes (the software, not the property) will become public domain!

Heh. I know, but that is not quite what I meant - think five to ten years after the game in question is no longer available from official sources, no matter if the creators are dead, alive or in a persistent vegetative state.

[thunderforce]

How many games are lost for all time because publishers close games for whatever reason? Now single player games are far less affected but I seriously think Multiplayer games should have a sunset pln in place PRIOR to the game opening or at least within the first year. The plan could be a way to go single player, private servers or any other way - but it needs to be done.

You already know I'm all for copyright reform, so I won't bang on about that (at least until Mr Dunning-Kruger Effect starts); but what I find slightly remarkable about the situation is that other publishers aren't promising not to do it.

If I buy an STO life membership, it comes with a disclaimer (in 3-point Flyspeck) saying "We make no explicit or implicit warranties on the service period of the game." Once burned, twice shy; knowing they could take my 300USD and close the game next week does not exactly fill me with confidence. STO, of course, could probably have the license pulled out from it at any point, but most MMOs don't have that problem.

Rather than printing that in tiny print, if I were an MMO publisher, I'd print something much larger describing how I promise never to shut down the game if at all possible; the agreement with the players would state explicitly how the game will enter maintenance mode if it becomes uneconomic to develop it, how I promise to sell it at whatever price the market will bear if it's no longer possible to run it (and how I will require the purchaser to make a like agreement with the players), how I will release the engine and IP if no other arrangements are possible, that any change in the game's support state will be announced at least two years in advance... and finally, if you buy a lifetime membership and it turns out later it would have been cheaper to subscribe up until the point where subscriptions stopped, I promise to refund the excess.

This might cost a bit of money, of course... but it could be a marvellous marketing tool, especially to people who've been burned by the likes of NCsoft. I'm sure any of us would be more likely to pick up a new MMO if there was a very prominent and detailed promise as to how the game will never die.