The Legalities of Reverse-Engineering Games

January 25, 2010 -

Attorney Mona Ibrahim has published an analysis of the legal implications involved in reverse-engineering games.

The article follows a hypothetical game developer who is frustrated that her favorite game has poor server support, so she reverse-engineers the network protocols to create a private, lag-free server.  The concept isn't so far-fetched: guides on how to create a private World of Warcraft server abound and some reverse-engineered games, like SWGEmu have gained quite a bit of attention.

Ibrahim's article outlines the various laws and doctrines that come into play with reverse-engineering, from the Copyright Act to the Electronic Communications Privacy Act, and provides practical examples of where enterprising coders can go wrong.

For instance, regarding the DMCA, Ibrahim notes:

If Mallory's new server doesn't provide the same safeguards that control access to the original game servers (like a CD key or a version verification protocol), then her own server is circumventing access controls to the online component of the game. Therefore, by distributing the program, means (such as DIY instructions), or code to access servers that don't use the game's original access controls, she would be violating the anti-circumvention provision.

The article concludes that while reverse engineering itself is not illegal, it does run a gauntlet of legal issues and that "[t]his isn't the type of project you want to pursue if you're risk averse".


Dan Rosenthal is a legal analyst for the games industry.

9 comments

IP Litigator Scrutinizes Videogame Art

December 3, 2009 -

Where does art inspired by videogames fall under the fair use doctrine? A U.S. Intellectual Property lawyer takes a look at just such a topic in an interesting entry on his blog.

Ben Manevitz centers his article on three pieces of art from Brock Davis, which show interpreted scenes from Dig Dug, Donkey Kong and Missile Command.

The four factors (for the U.S.) for determining fair use are:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted workas a whole;
4. the effect of the use upon the potential market for or value of the copyrighted work.

Manevitz argues that the art in question meets the criteria of points 1 and 4:

The fair use analysis is actually fairly straightforward. You've got a transformative use that will have no impact on the market for the games, or even the potential derivative market for the games. That's factors one and four in favor of fair use.

The author claims that the works do not meet the second factor however:

Admittedly, the game screen is a creative work, which puts factor 2 in the not-fair-use column and it could be argued that the amount taken is substantial - it would depend on the determination of what, exactly, constituted the work; is it the game overall or individual screens.

Manevitz goes on to examine possible trademark implications:

… Atari might be able to argue that a consumer seeing the paintings might be confused as to the source or - in this case the stronger argument - sponsorship of the paintings.

He concludes that game makers might be able to make an “objectively reasonable trademark infringement case against the artist,” before noting that the “saving grace” for the artist might be “the practical factors militating against the manufacturer's bringing suit, to wit, the negative publicity, the paucity of available damages, the relative age (value) of the marks allegedly infringed, etc.”

5 comments

In Congress, DMCA Reformer Lands Key Subcommittee Chair

January 9, 2009 -

Rep. Rick Boucher (D-VA) has been picked to lead an important Congressional subcommittee, and that's good news for game consumers.

As MediaPost reports, Boucher will chair the House Energy and Commerce Subcommittee on Telecommunications and the Internet. From MediaPost:

As a longtime proponent of consumers' rights to lawfully copy films, books and other material, Boucher is considered a likely opponent of any entertainment industry efforts to restrict the Web. Among other measures, he is likely to oppose attempts to require Internet service providers to filter networks for pirated material.

Boucher also has tried to revamp the Digital Millennium Copyright Act to make it more consumer-friendly... Boucher's bill would have specified that the anti-circumvention rules do not apply in certain situations, such as when the purpose of getting around the restrictions was to access a work in order to criticize it or report about it...

In 2002, Boucher authored a strident column extolling the benefits of fair use... Boucher also supports net neutrality initiatives, as does President-elect Barack Obama.

In 2007 the Entertainment Consumers Association endorsed Rep. Boucher's fair use legislation, although the bill ultimately failed to pass.

Full Disclosure Dept: The ECA is the parent company of GamePolitics

3 comments

Spore + Porn = Sporn

July 31, 2008 -

Will Wright's Spore, due for a September 7th release, is one of most anticipated PC titles ever.

But, as CNN reports, some users of the Creature Creator utility, released last month, have built animals which are apparently intent on breeding. Or, at least coupling.

...Buried among the more wholesome attempts [at Spore creature creation] were two-legged dancing testicles, a "giant breast monster" and a four-legged, "phallic fornication machine," for starters...

 

For EA, the developer of "Spore," it's the downside to tapping into the booming user-generated content arena, which has made sites like YouTube, Flickr, MySpace, Facebook and Second Life so popular... Many of the popular user-generated content sites have faced similar challenges in trying to control obscene material...

 

The creatures are not just static. Users can create animated scenarios for the characters to engage in, some of which include sexually graphic acts.

When EA got word of the "Sporn" creations, it began working with YouTube to pull them down. Spore executive producer Lucy Bradshaw told CNN:

Whether it's modeling clay, dolls or crayons, a small number of people can be counted on to use it for something vulgar.

CNN also spoke to the "Spornmaster," a 37-year-old man who has created a number of reproductively equipped Sporn creatures:

I admit it is silly and juvenile, but I don't think there's anything perverted, vile or awful about it. If people find it offensive, they can simply not search for it online. No one is forcing anyone to see this content.

One Spore fan told CNN:

I consider this very similar to child pornography, at least to the extent of distributing the material to children.

GP: Buzzfeed has additional NSFW links...

71 comments

ESA Annual Report: Game Industry Policy to "Push Back" Against Fair Use

July 31, 2008 -

The ESA's 2008 Annual Report indicates that the video game industry hopes to uphold the controversial Digital Millenium Copyright Act (DMCA) against critics who claim that it restricts Fair Use of copyrighted material.

Based on the following passage from the report, the industry's position seems to be that gamers can create user-generated content only to the extent that in-game tools allow them to do so:

The interplay Between Fair Use and Digital Rights Management User generated content (UGC) is a high-profile policy issue in the copyright community, sparked by the phenomenal success of social networking sites like YouTube.

 

Influential policy papers from the U.K. IP Office and the Organisation for Economic Cooperation and Development (OECD) cite UGC as a tremendous social benefit of the Internet and call upon policymakers to tweak current legal regimes to better accommodate UGC. This issue has captured the imagination of critics of the current U.S. copyright system, who argue that Digital Rights Management restrictions confound legitimate fair use.

 

ESA IP Policy staff is bolstering its ability to push back against this assertion. In discussions with domestic and foreign IP officials and the OECD, ESA emphasized the rich and varied UGC-features currently incorporated into DRM-protected games.
 

 

 
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Will Code Avarice's Paranautical Activity make its way back onto Steam?:

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MaskedPixelanteGOG has a four day countdown to their next publisher. All hints suggest Disney, but no guarantee it'll be LucasArts.10/24/2014 - 6:58am
Neo_DrKefkawith a neutral party Moderating it. I've been waiting a long time for a GamerGate to happen but now all I want is the healing to start. Weird huh? Gamers don't need to be attacking gamers we should all be on the same side10/24/2014 - 12:39am
Neo_DrKefkaRight now from what I seen your tweet and the other guys tweet there are hard feelings. Until we start a dialogue with each other I think it will get worse before it will get better. I hope you guys work something out meet in a neutral stream10/24/2014 - 12:37am
Neo_DrKefkaThanks James. Even if a hot/hard headed person likes me thinks the public needs to sit down and discuss this together. We all might not agree right now but if the public does not start talking to each other we are not going anywhere.10/24/2014 - 12:36am
james_fudgeHey guys I had a nap because, getting old! I'll take a look.10/24/2014 - 12:01am
Matthew Wilsonjames needs to contact Totalbiscuit than10/23/2014 - 10:07pm
Neo_DrKefkaJames said earlier he went into a stream earlier informed them who he was and they didn't care. If James is trying to talk lets set something up?10/23/2014 - 9:38pm
Matthew WilsonTotalbiscuit has been trying for months, no one that is anti gg seems to want to talk with him on camera10/23/2014 - 9:20pm
Neo_DrKefkaHey James check your twitter. Check with Totalbiscuit see if you can get a round table discussion stream going see if he can get some pro gg people and you can get some gamejournopros. Both sides have been hurt, doxxed its time every1 sits down and talks10/23/2014 - 9:05pm
Matthew Wilsonthe wiiu will support up to 8 gc controllers http://www.smashbros.com/us/howto/entry10.html10/23/2014 - 7:50pm
quiknkoldmewtwo is a timed free exclusive. you can purchase him if you dont have both.10/23/2014 - 7:15pm
Neo_DrKefka@Monte A month and a half ago we had a lot of streams about solutions now all the streams are KingofPol styled rants about getting drunk. All Gamergate is about to many is for people to use the movement to jump start careers.10/23/2014 - 7:12pm
Neo_DrKefkaWhose stream where you in James?10/23/2014 - 7:02pm
Matthew Wilsonyup they are holding mewtwo hostage lol10/23/2014 - 5:59pm
MaskedPixelanteApparently Mewtwo is going to be a free download to anyone who bought both versions of Smash 4.10/23/2014 - 5:41pm
TechnogeekYou would also think that if GG gave a shit about journalistic ethics, Game Informer would have been the very first line of their boycott list.10/23/2014 - 5:32pm
MaskedPixelanteRidley confirmed for Smash Wii U... as a stage buddy like the Yellow Devil and flying man.10/23/2014 - 5:31pm
prh99Rather than trying to spin it as some sort of artistic choice, they should just say they don't want to rework the engine to either decouple the mechanics or make them work at 60fps.10/23/2014 - 5:25pm
Matthew Wilsonubisoft is made to look worse now. wiiu smash is 1080p 60fps lol10/23/2014 - 5:02pm
MonteYou would think that, if GG were really about journalistic ethics, their streams would be more conerned with Shadows of mordor(a REAL controversy involing a major publisher) than with the FALSE jounralistic controversy around Quinn10/23/2014 - 4:49pm
 

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