http://www.gamasutra.com/features/20.../boyd_01.shtml (You probably need a registration to view this.)Law, particularly IP law, has a lot in common with quantum mechanics. In both fields, answers are often given in the form of probabilities rather than certainties. It is rare that a client can come in with a question and receive a “yes” or “no” answer. Answers almost always start off with “it depends” and end up talking about levels of risk and the practical interaction of business decision making with potential legal consequences. This short essay is a sample of one of those common and difficult questions.
Some points of note:
- In the US, The NES is covered by a variety of patents, including design and utility (the common type of patent on an invention) patents; some patents have expired, while others have not.
- Other countries have their own legal framework; some countries follow international treaties on trademark, copyright, and patent law, others do not.
- "Registered trademarks are valid as long as the fees are paid and the mark is used in commerce. This means that the name “Nintendo” and “Nintendo Entertainment System” have potentially immortal IP protection." It's also true that sometimes you don't even need to have used the mark recently for it to apply; a trademark attorney often looks for uses (often obscure) of marks from the company's history in order to show that they in fact use the mark.
- Copyright. Again, don't use somebody else's code.
Making a clone system is legally risky business, and one must make sure they don't violate a company's intellectual property - IP - and that goes for the three areas of trademarks, copyrights, and patents.
That doesn't mean you couldn't build your own NES, of course. The article ends on a hopeful note: "The multi-faceted and thorny protections of IP law can be just as powerful for your company as they are for Nintendo."