Re: Copyright issues regarding fan computer assistant program for board game.

Re: [CNI-(C)] Copyright issues regarding fan computer ass> I thought this was a joke -- some law professor's draft of a multi-faceted, outlandish exam question. I don't understand the first thing about this game, except that it appears to be real -- you have to pay $50 for the new version. To the extent your facts are complete, there are at least these questions:

Its all horribly real I am afraid :)

> Copyright infringement
> 1. Are you copying any of Marvin's protected work in your program?

There are no direct copies of any rules in the program. It has the functionality of the rules but not the actual text.

> 2. Does your program enable or facilitate unauthorized copying of any of
Marvin's protected work?

Definitely not.

> 3. To the extent your program is or enables a derivative of Marvin's
protected work, were you authorized explicitly or tacitly to create that derivative work.

It was allowed for the last 8 years with no problem and had a link from Marvin's website so I would say yes.

> My impression is that the answers are no, no and yes; and that Marvin does
not have a copyright infringement claim.

OK thanks.

> Trademark infringement
> 4. In the gaming community, is there any likelihood of consumer confusion
between Startfire and Starfire Assistant?

Virtually all Starfire gamers are aware of Starfire Assistant. They know that Starfire is a board game and that Starfire Assistant is a computer support program which relies on someone having purchased the third edition starfire rules for the board game.

> 5. Can Marvin allege that he's losing sales of the new edition because
Starfire Assistant doesn't support it?

Not a straightforward question to answer. He is selling Fourth edition and will eventually be selling a new version of Third Edition. Fourth and Third are quite different. I have no idea how different New Third will be from Existing Third. There is no computer support for 4th. However, there is planned computer support from a company called Digital Gamers although that is a long running saga with no end in sight. Looking at what Digital Gamers have produced in the past, Starfire is several orders of magnitude more complex and I have serious doubts they will ever produce anything. Marvin is not a technical person and I doubt he realises what is involved so he still believes against all evidence thus far that Digital Gamers will eventually produce the goods. The first estimate for the early Digital Gamers beta was six months work. That was three years ago. Marvin could perhaps argue that 4th is superior to 3rd (in his opinion) and it is only the fact that Starfire Assistant provides computer support for 3rd that is preventing people buying the 4th edition. However, that situation existed for three years before Marvin decided to ban any further updates. In any event, it seems a difficult arguement that a computer program supporting a version of Starfire that is well out of date now should affect sales of the latest up to date and official supported Ultra Starfire (latest version of 4th Edition). In any event, he did not ban it completely, only future updates, so anyone who wants to use SA already has it or can get hold of the last version published. I can't see how future updates will affect his sales at all unless he thinks that any house rules I introduce will be prefered to his own official rules. Besides, SA can't be used without having the rules so they would have to buy the rules before they could find out they prefered SA to the official rules.

I haven't provided any support for 4th because all the work I have done is for free and I don't like 4th edition anyway.

> My impression is that the answers are no but maybe; and this is an
interesting issue. If he can allege lost sales of the new version caused by the distribution of your program, he has a colorable claim of trademark dilution. I think he has a causation problem because the alleged infringement isn't causing the damages; but you could lose, and you're not making any money, so it would be stupid to take the risk.

That is the problem. Its a hobby of mine, not a business and I am sure his motive is personal rather than financial due to our recent falling out. I have never made any money out of any of this and have no intention of trying to do so. I just want to continue to do what I have done for many years without a problem, which is to play the game and mess about with the software. Hundreds of other people want the software too and many left the game completely in disgust at his decision. I have countless emails stating that people wouldn't have bought any starfire products if Starfire Assistant did not exist and I am sure I could provide considerable evidence that my free work over the years has benefitted Marvin considerably in terms of sales.

> This is a case that should settle.

There isn't really a settle option. I have no financial interest and I am in a situation of either giving up something I have devoted probably thousands of hours to over the last ten years or calling his bluff and seeing if he really will sue. If I going to call his bluff, I wanted some idea of the odds that he has a case. I am not out to steal anyones copyright or make any money. I just don't want to give up on developing my software and disappoint a lot of people who already have Starfire and already use the free software.

> It was a symbiotic relationship, and unless I'm missing something, it is
still a one-sum game. But if I'm wrong, you have maybe a thousand partisans who aren't spending $50 on the new game. $50,000 would buy a good lawyer if it couldn't buy the rights to the 3d Edition.

I don't think Marvin could possibly argue that anything close to 1000 people would not buy the new game due to Starfire Assistant. Anyone who wants to use it, already has it or could get hold of the last version published. All I want to do is publish new updates. As an example, the current version has 140 screens and is allowed by Marvin. He is saying that if one extra button appears on one screen or if I fix one bug, he will sue. That just doesn't seem reasonable.

Thanks for your informative reply! I probably sound like a complete geek about this but it is something close to my heart and I don't want to be pushed around if the law is not on his side and he is just being vindictive.

Steve Received on Thu Aug 18 2005 - 01:25:01 GMT