Dear Mr Snyder, the type of legal protection(s) you might be looking for may not arise per se from the way the law in IL,USA may protect you but from the way you choose to word/draft and/or supplement the prior clauses in in your current Nondisclosure Agreement (s) (NDA(s)).It is possible that in the past, you might have shared many aspects of your sharing source code, demos, or ideas with people who you were trying to 'sell' an idea to or have a partnership with in the past , so you clearly are at danger of having your ideas/games etc. cloned or varied intelligently.
Just a question, did you, have any presumptions regarding the game being ultimately cloned/copied in your NDA(s) and write down about the type of remedies/damages available there? Asserting your right not have any aspect, idea, colour schemes , code etc. in your video game copied is much broader that simply stating a 'copyright' on the video game.How specific have you been in your current NDA(s) so far?This type of protection can be time-consuming and mentally exhausting, but it will safe you from unneccesary headaches later.
Next, how technically sound are your safeguards against copying.Have you considered encrypting/scrambling your code?Also you may interested in obtaining a world wide patent on your consoles and peripherals on the game, if any.Be specific in your patent application, if you have not opted for a patent so far.What about the game rules,processes and methodologies which make your game unique?
Contrary to the popular notion that copyrights are a one stop method for protecting your work, your contents, functionalities and mechanics are often not covered under the copyright umbrella.Finally a good legal team can always alert you about a reputation check online and offline and whether your work has been cloned.It is wise to launch a media offensive if you think your work has been stolen, but you will need to shape your strategy better through timely legal advice.
Our IP legal team at Josh and Mak LLP can advise you about the remedies/safeguards etc. available further as well as whether your current NDA(s) and registrations provide you enough protection.
I hope my answer helps!
Answered on Jan 19th, 2013 at 11:30 AM