3 ms·

Partly, I think it matters where the information for the implementation came from. Clean-room reverse engineering would be the safest (one team disassembles the

Partly, I think it matters where the information for the implementation came from. Clean-room reverse engineering would be the safest (one team disassembles the binaries and writes a spec for their behavior, a completely separate team implements an engine from the spec, having never seen any aspect of the original code). The more chance you give someone to claim that your work is directly derived from theirs, the better their chances if they take you to court.

ballenf 10y ago
In this case it wouldn't really matter. From a copyright perspective, he might as well as copy the source code line for line. Wouldn't matter if the guy created it on a desert island having never heard of the original game and claimed it all a coincidence. It still infringes the copyright in the character, story, graphics, etc. But if the game is shareware or the code is, then it's fair game. Just like I can't reverse engineer a Harry Potter novel from watching the movies and claim immunity from copyright. People using cleanrooms are not worried about copyright, they're worried (primarily) about violating NDAs or license agreements. They have to prove that the engineers figured out everything on their own. Especially important when the thing you're copying is from a company that you may have had NDAs or license agreements with in the past. Or employ engineers who may have worked at the competitor and have trade secret knowledge in their head. You may end up with similarities of implementation, but have the clean room logs to back up your story. Even a clean room won't protect you from patent infringement if you end up with an infringing technology.
- khedoros1 10y ago
  > It still infringes the copyright in the character, story, graphics, etc. But if the game is shareware or the code is, then it's fair game. What? No, I'm talking about the engine, not any of the art/text/music. I'm assuming that someone would purchase the game and basically replace the main program binary; the replacement engine would use the original, copyrighted game assets, but would never be distributed along with the engine. > Even a clean room won't protect you from patent infringement if you end up with an infringing technology. That ought to be safe, with the game that the post is about.

ballenf 10y ago

In this case it wouldn't really matter. From a copyright perspective, he might as well as copy the source code line for line. Wouldn't matter if the guy created it on a desert island having never heard of the original game and claimed it all a coincidence. It still infringes the copyright in the character, story, graphics, etc. But if the game is shareware or the code is, then it's fair game. Just like I can't reverse engineer a Harry Potter novel from watching the movies and claim immunity from copyright. People using cleanrooms are not worried about copyright, they're worried (primarily) about violating NDAs or license agreements. They have to prove that the engineers figured out everything on their own. Especially important when the thing you're copying is from a company that you may have had NDAs or license agreements with in the past. Or employ engineers who may have worked at the competitor and have trade secret knowledge in their head. You may end up with similarities of implementation, but have the clean room logs to back up your story. Even a clean room won't protect you from patent infringement if you end up with an infringing technology.

khedoros1 10y ago
> It still infringes the copyright in the character, story, graphics, etc. But if the game is shareware or the code is, then it's fair game. What? No, I'm talking about the engine, not any of the art/text/music. I'm assuming that someone would purchase the game and basically replace the main program binary; the replacement engine would use the original, copyrighted game assets, but would never be distributed along with the engine. > Even a clean room won't protect you from patent infringement if you end up with an infringing technology. That ought to be safe, with the game that the post is about.