Avoiding DMCA Woes As an Indy Game Developer? 494
androidstevep writes "I was just on the receiving end of DMCA takedown notice for my game in Android Market, 'Super Pac.' Namco Bandai have filed the notice with Google, claiming breach of copyright of their game 'Pac-Man.' Although my version is obviously inspired by the original arcade game, no original artwork or sound has been copied. The problem from my point of view is that the DMCA notice is not clear where or why the breach is alleged. My guess is that maybe the name is too similar, although I did a trademark search for 'Super Pac' before release and came up with nothing. Furthermore, Google have disabled my access to this app, presumably as required by the DMCA, so I am unable to even make whatever modifications would be required. As a part-time developer with limited means (i.e. can't afford expensive lawyers), but willing to make best efforts to avoid legal issues, how does one negotiate what seems to be a difficult minefield of trademarks, copyrights and DMCA? Does anyone have tips in this area?"
Re:Try having an original idea (Score:5, Funny)
I have one. It's about a guy, named Marty O (and his brother Louis), who is an exterminator. He can run around and go through tubes and hit ceiling tiles with his head to release dollar bills and other power items. There's a queen, and some fungus people, too. I will be releasing it as Super Marty O Brothers. Does anyone see any problems with this?
Re:Nothing personal (Score:1, Funny)
Burger Kin.
Damn. North Americans got so fat you had to come up with a new word for them? ;)
Re:Try having an original idea (Score:2, Funny)
Maybe he used a clean room design [wikipedia.org].
Re:Try having an original idea (Score:3, Funny)
Re:trademark not copyright (Score:5, Funny)
For example, storylines are not inherently subject to copyright, which is lucky for every "boy meets girl, boy loses girl, boy gets girl" romance author.
I think you should have went with a car analogy... honestly, how many slashdotters will understand the analogy you used?
Re:trademark not copyright (Score:5, Funny)
Oh, I think plenty of Slashdotters get the first two parts of the analogy. It's that final step that always seems just a little too elusive...