Re: [HoE] Re: Patenting RPGs

[Atomicandy@aol.com]

<< I have also heard that WotC is trying to put out a patent on "role-playing
 > game."  I'm not sure if the rumor is true or not, but they do own patents 
on
 > "collectible card games" and "tapping."
 >
 > Comments? >>
Assuming it's not just an evil WotC rumor, there are some major problems with 
attempting to "patent" a genre of games.  First, are they trying to patent 
the various game systems they hold rights to, or are they attempting to 
copyright the term, "role-playing game"?  If they are attempting to patent a 
system, let's say, oh, AD&D, I think that might be doable.  No one else would 
be able to use a system which uses similar character classes and uses a 20 
sided dice to resolve combat and various levels, yadda, yadda, yadda.  But it 
would impossible to enforce.  Various other game companies can attempt to 
patent thier own systems, and they only need to show that thier system 
deviates from AD&D system in some important way.  I have worked as a 
technical editor in a translation agency and we always got foreign patents 
from patent attornies, and the patents would really split hairs to show how 
their product is vastly different than anything on the market.  I remember 
one for Port-a-potties, which went into great detail about how the shape of 
thier urinal is so "new, better, different," that it clearly doesn't infringe 
on any present patents.  So WotC could patent thier game sytems, but it would 
be a waste of time.
If WotC try to copyright or trademark the term, "role-playing game", well, 
they probably can't.  Terms in common usage cannot be copywritten.  For 
instance, linoleum used to be a trade name, but the term became common usage, 
so the company lost thier trademark.  A whole bunch of stuff used to be trade 
names but they have became common use names.  That's why Xerox always takes 
out full-page ads in Writer's Digest.  Thier ads say, "You can't xerox a 
xerox on a xerox" and then the ad goes on to beg aspiring writers not to use 
the term xerox when they mean "copy" or "copy-machine".  Xerox is constantly 
fighting off threats to thier trademark.  The term "role-playing game" has 
been in common usage for over 20 years.  WotC could try to copyright the 
term, but it would probably be laughed out of court.  
At least that's my humble opinion.  It's probably just a rumor designed to 
sow fear of the the evil empire, anyway.
Rick - Atomic Candy