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Comment by gloomyson | Hacker News Reader

Much thanks for you recommend, I make this game just because I love this old StarCraft game so much and want to realize it in web browser, no plan for make money, and it's much weaker than the original Blizzard game

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Fact that you don't make money off it would work for almost any game developer, but not Blizzard. In past they take down several open source projects just because of their name or clean room reverse engineering. And you're basically pirating their game assets.

Actually only the images and audios the same as Blizzard game, the js source code of game engine are totally different with that original one, maybe I can replace those sprite images with other ones, and it will run perfectly like another RTS

Depending on what you're trying to accomplish if you make an entire game engine from scratch that can open up the files from StarCraft (and you DON'T distribute them), I think you should be fine. Although this would raise the complexity of your project. One such project exists:

http://www.stratagus.org/ - A cross-platform RTS open source game engine. http://stargus.stratagus.com/index.html - A project built on top of the same engine that opens up all StarCraft original files.

Not sure how active this project is or how far it's gone, but it seems to me from what I've seen: If your project recreates the engine and you require the original files and don't redistribute them yourself, you shouldn't get in much trouble? IANAL

that's exactly how I did it when working on scsharp (https://github.com/toshok/scsharp). you gave it the paths to directories holding assets for starcraft + broodwars. 10 years on github without a dmca knocks on wood

>Fact that you don't make money off it would work for almost any game developer

It really wouldn't. I know it's fun to imagine Blizzard as an oppressive corporation overlord, but any developer in the world will take steps to protect their IP.

I have no doubt that any developer would send take down for illegal assets usage and there is nothing wrong about it. This where project creator gone wrong and hope he won't do anything like that in future.

Though Blizzard in particular aggressive towards open source projects that recreate their games and generate a lot more lawsuits than other game development company. It's just like that 'Candy Crush Saga vs Banner Saga' lawsuit. These guys had right to do that, but it's still looks awful.

PS: As example of company that nice to the community look at Rockstar Games. Even if they're not really do anything for modding community there is tons of hobby software projects created around GTA include custom multiplayer servers, editors and any kind of mods, So far no one ever get lawsuit threats for doing anything like that. Now check Blizzard with their pro-DRM and anti reverse engineering lawsuits.

I see. That's probably true; I'm not up to date on that stuff. Still, in this particular case, I can't blame any company for protecting their IP. It's a freely distributed clone of one of their games, after all. Even if they are not making money out of it they are hurting their business.

No, there are (rare) devs who are not assholes about their IP, and will overlook small-scale non-profit work or at least act like humans instead of robo-lawyers when they approach "infringing" developers.

Blizzard has a legal right to be dicks about their IP, but that doesn't make it morally correct. We've refused to let IP holders set the narrative with regard to DRM; let's not do it here.

The problem is, if Blizzard knows of an infringement and fails to attempt enforcement, anyone can come along and legally claim "Hey, they didn't hassle this (small time) guy, so they have no right to hassle us". So the well-meaning hacker guy with a cool prototype opens the door for Zynga to come in and make StarCraftVille, which I'm fairly sure would be not so well received.

What will Blizzard normally do if they accuse me pirating their assets? Will I pay cash to them? Your words make me nervous

> What will Blizzard normally do if they accuse me pirating their assets?

Most likely, they will tell you: "shut it all down or we'll sue you into bankruptcy".

I recommend taking a look at http://opengameart.org for free (and legally free) placeholder art you can use instead, and changing any names ASAP to remove "Starcraft" and anything directly based on the unit names, etc. (Referencing Starcraft in the README or other such things should be fine, though.)

For example, "SpaceCombat" with "Troopers" and "Knights" and "Hordelings" and different art and music for everything would be fine, legally, even if the actual game mechanics were exactly the same (as long as it's your own code implementation of them).

Can they sue him if he's not in the US though? How is that legally possible?

https://en.wikipedia.org/wiki/Berne_Convention

Quick summary: it's a treaty that requires all member states to enforce their own copyright laws for works produced in other member states, and also establishes a minimum set of rights and minimum term lengths.

What do you think is special about the US? Copyright law exists everywhere.

exists, but perhaps not enforced.

Would couldn't they? They do business across most of the world already. Think about how many countries have people with WoW subscriptions.

Heck, just take a look at their list of offices: http://www.activisionblizzard.com/locations

Because US law doesn't apply to other countries.

Most countries have something approximately similar to the broad strokes of US copyright and trademark laws. Details are different, but "just using the same assets and names directly" is going to be a problem in pretty much any jurisdiction with enforced rule of law.

Just about every country in the world recognizes some form and variation of copyright and trademarks.

You do know that, right?

Likely they'll just send you legal threat and DMCA take down notice to both github and your hosting provider (if you don't use github pages of course).

Yeah, it kind of sucks but there is some ambiguity in the law when to comes to making fan art/games.

But basically as I understand it you can't publicly distribute a game with the same exact title, characters, story and look. You are given some leeway to parody but should tread carefully there too.

So for example: StellarCraft featuring Zerps, Terrags and Protians and use similar but reasonably distinct looks for everyone from the other game would be safer.

I was hoping you'd have written Proteins. But I agree, sadly sometimes projects like these provide a significant learning outcome see:

http://www.gamasutra.com/view/news/124171/Opinion_Reverse_En...

Great work, but as someone who lived through FSGS and BNETD and various WoW projects that were unsanctioned, be sure to protect yourself against Blizzard's lawyers as others say. They'll be knocking if your project takes off.

Great. Blizzard won't care. But if you like living a risky life, go on.

(And yes, I'm blown away by what you have achieved there)

They have to care in some circumstances unfortunately, if they are aware of an IP infringement and don't action it, it can be used as evidence further down the line for bigger infringement cases.

Trademark is the only form of intellectual property (IP) for which selective enforcement is a problem. Presumably the name of the game is trademarked but the images & audio are covered by copyright law, not trademark.

IANAL but if Blizzard is aware of this copyright infringement and do not act on it, the developer can go for an acquiescence defence. If successful, Blizzard surrender their rights in that particular project.

This could potentially have an effect on the value of their IP which can give leverage to potential acquirers/investors.

No. There is no such defense in U.S. copyright cases. Again, only trademark requires them to pursue infringement to maintain their protection, and by extension, value.

Please read my comment correctly. Hint: Another commenter has long clarified.

He's not from the US so what exactly is he risking here apart from the repo being taken down?

You haven't noticed the global reach of US copyright law yet? If it doesn't reach there yet, they keep trying to extend it (see free trade treaties).

To be honest, StarCraft is probably protected in most countries and don't believe that it is hard for Blizzard to find a local lawyer willing to take the case if the want to.

Please never take "not from the US so what" as a credible form of protection against any US actor, be it corporate or govermental.

There's many ways someone can still screw you, starting from making your travel to the US tricky to much worse, depending on the circumstances and what international agreements allow.

Famous last words.

As if Blizzard had no way to hire lawyers elsewhere. And maybe he wants to travel to the United States someday?

Blizzard can send a DMCA takedown to github and github must ASAP take down the repo regardless of if there was actual copyright infringement. I've seen github developers send DMCA requests to take down other developers repos before...

Ultimately? Drone strikes.

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I'm pretty sure she/he meant: "Blizzard won't care that you did this because you liked the game, and are not making any money out of it," not "Blizzard won't care about this project and thus won't take you down."

I love the old StarCraft. Thanks for making this!

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