[openstandaarden] Games zijn kunst

David GLAUDE dglaudemailing at gmx.net
Fri Jun 6 00:06:31 CEST 2003

I don't know if I understood what this is all about but if you talk 
about games and patent. You must know that in Europe: Games, 
Mathematical formula and Software Program "as such" are excluded at the 
same level (Art 52c?).

This mean one can not make a patent on a game... (or should not even if 
in the US you find some and patent lawyer will tell you it is possible 
to however patent original games technique like a special way to capture 
by jumping arround the ennemy piece).

To protect a game, you have:
1) Trademark (the name of the game)
2) Copyright (the text of the rules)
3) Copyright (the graphical element of the game like the board)
4) Design pattent (shape of the piece of the game)

But the concept of the game can not be patented.

It might be an issue for "game inventor" or "game creator" or "game 
author". But that is currently the situation in Europe. Maybe because 
the game industry never really complained about that and because the 
game industry is not having as much money as the software industry... 
they don't lobby the same way. ;-)

Now as for "Computer Game" or "Software that implement Game" they 
certainly do not dessearve patentability. ;-)


Onno Timmerman wrote:
> http://www.zdnet.be/news.cfm?id=27737
> in dit artikel wordt er gesteld dat beroeps rechters in de VS spelletjes 
> als kunst/meningsuiting zien.
> Ik vraag mij af of dat geen invloed kan hebben op de manier hoe men 
> tegen over software patenten staat. Immers meningsuiting wordt op die 
> manier gestremt door software patenten?

Don't let the computer/expert control the election
Information for Belgium in french: http://www.poureva.be/

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