QUESTION
Will I be sued for making an online video game? How?
Asked on May 22nd, 2015 on Patents - Utah
More details to this question:
I have been working on a video game and I am thinking about selling through a sole proprietorship internet company. The game that I have been developing is my own, but it is similar in concept and feel to a game by a major developer. There is a huge difference though because that game was developed for a gaming console whereas mine is being developed for and will be hosted over the internet. Will I be sued for infringement? Does the fact that my game is being developed on a completely different platform mean it is different enough? Thanks.
3 ANSWERS
If your game and the other company's game are similar, I guarantee that the other company will complain loudly. The platform on which the game is played is pretty much irrelevant. The underlying technology to make each game function may be individually protectable, however.
Answered on May 22nd, 2015 at 2:47 PM
Appellate Litigation Attorney serving Boston, MA
at
Banner & Witcoff, Ltd.
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Maybe yes, maybe no. Anybody can sue for almost anything that offends them. The different platforms may not be enough to protect you from a lawsuit. There may be copyright claims, and/or there may be patent claims. Both cases are federal court cases. How different your game is from the first game will be key. Was the first game your inspiration for making your game ? That might be a problem. GOOD LUCK.
Answered on May 22nd, 2015 at 2:09 PM
Intellectual Property Attorney serving South Jordan, UT
at
Pearson Butler
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Just changing the platform will not be enough. You should speak privately with an IP attorney to get a sense of your risk.
Answered on May 22nd, 2015 at 1:51 PM