APC Magazine's top 5 FOSS game list

[Tom "spot" Callaway]

On Fri, 2008-01-25 at 13:07 +0000, Free Gamer wrote:
> On Jan 25, 2008 7:22 AM, Hans de Goede <j.w.r.degoede at hhs.nl> wrote:
> > Ignacio Vazquez-Abrams wrote:
> > > http://apcmag.com/7890/best_open_source_games
> > >
> > > Still missing 2 on there...
> >
> > Yes, smc is too much like the original
> 
> At what point is the line drawn?  What about Freeciv which is a
> near-remake of Civ2?
> 
> SMC has had data issues in the past and I suspect may still have a bit
> of copied data in there which should be removed before inclusion is
> considered.  But to label a clone/remake "too much like the original"?
>  As long as nothing is copied directly, it's just another remake.
> Surely the standard is already set (Freeciv etc).

I drew the line, at SMC. 

1. When you use the word "Maryo" in your name, you're blatantly
infringing on Nintendo's trademark. This is far worse than the "Freeciv"
"Civilization" situation.

2. Nintendo has the copyrights for the game character designs found in
the "Mario" series. SMC is using them without permission.

3. Nintendo aggressively goes after "clones", see "Great Giana Sisters".

So, to repeat what I've said in the past:

1. SMC would need to rename itself "Awesome Plumber Adventure" or
something non-infringing.
2. None of the artwork can reflect the copyrighted game character
designs from the Mario series. This would require a lot of artistic
creativity, but it is certainly possible.

or... 

3. Get permission, in writing, from Nintendo, to use that name and their
copryighted game character designs.

~spot