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Protecting your ideas.

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Vassoul
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Joined: 12/31/1969

I came up with a theme for a game and have started to work on the mechanics. At this point, it seems like it would be a good idea to draw on the expertise of those who have gone before me (all of you ;-) ). I am about to graduate from law school though, and if nothing else, my three years have made me paranoid about protecting my rights. How much do you think it is safe to say about your idea without risking losing it (not from a legal standpoint, but from a practical standpoint)? I'd like to hear what you think about my theme and potential mechanics, but I don't want someone to say "Great idea!" and go publish my game (as if my idea is actuall good or something ;-) ).

Thanks for your comments.

FastLearner
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Protecting your ideas.

There has been a lot of discussion about this here at the BGDF -- just browse through the Game Design forum and you'll see lots of responses, or search for "copyright" or "patent" in the forums (click "Search", above).

The gist of it is this: ideas are incredibly cheap. I would not pay a dime for a dozen game ideas. If you're certain you have the next new craze in gaming -- the next Magic: The Gathering or the next Cranium -- then maybe you'll want to keep it under your hat. If, however, you have another cool idea for a boardgame, I am of the opinion that you are at no risk discussing it here.

Just as a touchpoint, we used to have live chat Game Design Challenges. Participants had a maximum of 10 minutes (sometimes as little as 5) to come up with a description and concept for a game that uses a theme and one to three mechanisms supplied right then. Within those 10 minutes at least two or three real gems emerged, really fun-sounding games that are ready to be fleshed out. That's how cheap ideas are. (Don't get me wrong: it takes talent to come up with ideas. It's just that it's not that amazing to come up with an idea for a game.)

The game is worth something when it actually works as a full-fledged, playable, fun game. This is, generally, a long ways from the initial idea. You've undoubtedly seen folks openly discussing their ideas here, and in part that's because they know that ideas are fun to discuss but are, essentially, valueless.

Perhaps more to the point of your background, boardgames have very little protection available, anyway. You can copyright the rules and your graphics, but the gameplay is wide open. Some people have patented their gameplay, but if you do a quick patent search for "board game" or "boardgame," you will see that the vast, vast majority of them never became games at all: they were just people who spent a lot of money out of fear. Except for games with physical mechanisms (like Hungry, Hungry Hippos), you will find that less than 1% of published games have a patent. As far as I can tell, no gameplay mechanism patent has been challenged in court, so it's quite possible that even those patents are useless.

To sum: I have over 100 ideas for boardgames in my notebooks that have at least some level of fleshing out. Those ideas, though, are currently completely worthless. The several games that I've fully fleshed out and am tweaking in playtesting are, on the other hand, extremely close to worthless. Just not as cheap as the ideas. ;)

And welcome!

-- Matthew

Vassoul
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Joined: 12/31/1969
Protecting your ideas.

FastLearner, you make a great point. I appreciate your in-depth discussion of my question and very helpful conclusions. I think I will try to write up something and post it in the next couple of days.

-Joe

Anonymous
Protecting your ideas.

"Clap your hands turn on a light, that was my idea, but I never thought to get a patent!"

Hehehe... Gawd I hope some one gets that quote... anyway...

I think part of the concern touched upon in your opener there may have some merit... while the idea itself may be worthless (though I have some issues with this statement which I may comment on later, but it deals with quality vs. quantity), the guy with the resources to make your idea into a reality on the store shelves is a valid enemy if he lurks among us.

Perhaps to fancy someone from Hasbro or Wizkids frequenting these boards for their next big score is completely ludicrous...

But on the other hand, as the late Mr. Cobain once belted out, "just because you're paranoid don't mean they're not after you"

I dunno, as for myself I'm not opposed to a touch of caution or a hint of clandestinity. I think there are ways to crack the general egg on this forum without exposing the entire yoke. (What in the...?)

I'll leave you with this fun tid bit...

I once was so insanely jealous and in complete awe of a patented little thing known as the combat dial that my whole little world was rocked forever and ever:
http://www.boardgamegeek.com/game/864

Until a of course I saw that it had been done a decade earlier (look closely at the *hero* figures):
http://www.boardgamegeek.com/game/31

Oye!

FastLearner
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Joined: 12/31/1969
Protecting your ideas.

Here's what I do. It's not intended as a guideline -- people should do whatever they want -- but it's where I sit on it.

Sometimes I come up with what I think is an incredibly clever idea. Not just a neat idea, or a cool combination of mechanisms, or what have you, but something I've never seen before at all. These ideas I tend to not share here.

Most of the rest of the game, though, is just moving parts, stuff that one would at least not be surprised to find in a boardgame. These ideas I'm perfectly happy to discuss here on the board.

Later, then, I playtest a game. About 75% of the time my incredibly clever idea is revealed to have been done before, just in a game I hadn't heard of. "Dude, you stole this from pfaltzergrafenblatzmeisterkrodnick!" WTF?

Yet I still hide my "incredibly clever" ideas under my hat. Doesn't mean I can't talk about my game, though.

Mind you, I've only just returned to the site after a mostly-absence, so we'll see if it actually works out... "then, in a way I won't describe, the players choose their actions" -- "Huh?" Previously I shared everything about a given game. The change has come about, I guess, because I'm finding some of my ideas more "incredibly clever" than before. ;)

-- Matthew

Hedge-o-Matic
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Protecting your ideas.

I agree with all of this. Ideas are not worthless, but are indeed objectively valueless. Even the uber-clever bit in a full-realized game is, more than likley something seen before, in some form.

But the value of a game is in the specific combination of all of the seperate elements. I, too, keep many specifics from these boards, but just because I don't want to bog them down with technical details, and generally don't want input into the pros and cons of a specific mechanism. After a game is complete, the gameplay can be judged in terms of one element or the other. But the work of design is something I don't want influence in, until a certain point has been reached.

But this is not because the ideas themselves are valuable. And the idea tha Hasbro or any other company has to steal someone elses ideas is ludacrous. They've got people with notebooks of ideas all their own.

Anonymous
Protecting your ideas.

Quote:
But this is not because the ideas themselves are valuable. And the idea tha Hasbro or any other company has to steal someone elses ideas is ludacrous. They've got people with notebooks of ideas all their own.

Well I hope the toungue and cheek approach to my post (all my posts) reflected that it was an outlandish idea, but stranger things have happened I suppose... the funny part is, we'll never really know where a great game idea that gets published may have really come from or been influenced by... Mwah Ha Ha Ha!

Also, I think they may be laptops of ideas, not notebooks, unless of course you meant notebook computers... ahem.

I only dropped the H-Bomb (Hasbro) just to make my point louder, the truth is someone... anyone... with resources (money, connections) could be lurking, thats why I simply suggested to maybe use a bit of caution with the more *sensative* game concepts...

It seems everyone generally agreed with me.

In fact, there is probably a much higher risk of an honest stand up game designer accidently borrowing from a concept that caught his eye in the past and stayed subliminally imprinted on his brain, but eitherway, the same *lite* safeguards should be employed.

Time to renew my Firewall.

Hedge-o-Matic
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Protecting your ideas.

Well, to be honest, I don't really believe the point I made about Hasbro designers. They just buy up a company, if they want a new product. why fool around with in-house designers when buying a new company is so cheap?

FastLearner
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Protecting your ideas.

I dont' see a "monster" game company doing that. Maybe a mom and pop shop, maybe, but a company like Hasbro (or even Uberplay) has no interest in dealing with potential lawsuits when they have so many ideas sitting there on the shelves.

And at least for me, it's manual notebooks all the way. Nothing goes into the computer until the idea has solidified, and even then it's only actual stuff to be printed that goes electronic. Leonardo Da Vinci had the right idea. ;)

I find paper notebooks to be so much more flexible for this. Lots of little diagrams with arrows and notations, freeform text, updates, etc.

I'm looking at the possibility of getting a Tablet PC at some point, to see if I can have that kind of flexibility electronically with the added bonus of electronic references, etc., but I'm not holding my breath. Those pencil sketches are sure easy to create, change, and notate.

-- Matthew

Anonymous
Protecting your ideas.

Quote:
They just buy up a company, if they want a new product. why fool around with in-house designers when buying a new company is so cheap?

True that.

Of course... where did the new company that they are so interested in acquiring get their ideas from?

Hmmmm....

(que twilight zone theme, fade to black, and... cut!)

Anonymous
Protecting your ideas.

Quote:
but a company like Hasbro (or even Uberplay) has no interest in dealing with potential lawsuits when they have so many ideas sitting there on the shelves.

Of course, I am sure they aren't... but the one problem here is that there would be no lawsuit because nothing was protected to begin with... and who has the money to litigate... small sharing guy, or the big H... anyway... I think that was somewhat of the point/concern of the original post.

Quote:
And at least for me, it's manual notebooks all the way. Nothing goes into the computer until the idea has solidified, and even then it's only actual stuff to be printed that goes electronic. Leonardo Da Vinci had the right idea. ;)

Thats double work in my world, but to each...

Quote:
I find paper notebooks to be so much more flexible for this. Lots of little diagrams with arrows and notations, freeform text, updates, etc.

You still have a rotary dial phone don't you... come on be honest... (joking)

Seriously its interesting to talk about tho, different ways we work that is...

I am the exact opposite, I type way faster than I write... I design my stuff in photshop print ready from the first concept, love printing out the pieces and boards so I can smell and hold them and bring them to life instantly...

If I dont smack a rule change into the laptop while I'm playtesting... I feel like its not *real*

wild stuff.

Quote:
Those pencil sketches are sure easy to create, change, and notate.

Ten years ago I was right with ya man, but now I feel almost mentally and physically challenegd if I have to use pencil and paper...

For me its a little blue tooth, some sunshine on the patio, an ice cold one in my hand... and oodles of graphics, spreadsheets and word docs filling my screen, I'm always a couple key strokes away from gaming bliss...

evolution is a twisted thing...

FastLearner
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Protecting your ideas.

Brahmulus wrote:
Of course, I am sure they aren't... but the one problem here is that there would be no lawsuit because nothing was protected to begin with... and who has the money to litigate... small sharing guy, or the big H... anyway... I think that was somewhat of the point/concern of the original post.

What country do you live in? Here in the good ole USA, anyway, you can sue for anything. And raise one hell of a stink on the net. And if the idea was posted here a year or two before the game came out, legal protection wouldn't matter nearly as much as public ridicule could. (Not that people don't come up with identical ideas in vacuums -- obviously they do.) Just not worth any of it, with thousands of ideas sitting right there, unused.

Quote:
You still have a rotary dial phone don't you... come on be honest... (joking)

And amusingly, I'm a computer professional and a graphic designer. And I'm always accused of having too beautiful of prototypes. But it's simply much, much, MUCH faster for me to sketch, resketch, resketch, ad nauseum until the idea comes together fully than it would be to even draw it on the computer one time.

I'll note, though, that for things that require a lot of precision that I'm still working on, I will sometimes create them in the computer, print them out, paste them into my paper notebook, and notate them. :)

Quote:
I am the exact opposite, I type way faster than I write...

Me too, but most of it isn't text.

Quote:
I design my stuff in photshop print ready from the first concept, love printing out the pieces and boards so I can smell and hold them and bring them to life instantly...

I did early-on, but found that there were too many wholesale changes from the early stages, making it not worth it, time-wise.

Quote:
wild stuff.

Indeed!

-- Matthew

Anonymous
Protecting your ideas.

Quote:

What country do you live in? Here in the good ole USA, anyway, you can sue for anything.

HA! I hear ya. But the sad truth is if you cant back it up in litigation $$$$ its over.

Quote:
And raise one hell of a stink on the net. And if the idea was posted here a year or two before the game came out, legal protection wouldn't matter nearly as much as public ridicule could.

this is an interesting angle. I just wonder how a person who flooded the net crying that they invented an idea before a major company sunk a million dollars into it would actually be precieved...

You'd also be surprised at how quickly the big company would be able to show they had the idea a few hours before you did... ahem... these things do happen... or rather they don't because everyone knows how it would end up... and thats the natural (unatural?) buffer that remains in place.

I cant tell you how many times I pitched a show idea only to get the classic response "We've been working on that same concept for a year"

It took me awhile before I caught on.

Quote:
And amusingly, I'm a computer professional and a graphic designer.

Web & Graphic Designer / Entertainment Production... ten years plus here.

I lived by the pencil and paper, now I'm a mutant jacked into the matrix.

I can sketch and design digitally ten times as fast as I can draw now (and I was good mind you), I find it brainlessly easily to make an adjustment, move a word, grab some clipart or alter a game space by dragging a layer than erasing and drawing it again on paper... in fact I make a thousand moves in an hour.... I counted once... honest... (swamp land anyone?)

but again, its the double work factor for me, the thought of taking a dust covered beer stained tome of all my handwritten notes into the PC makes me suicidal... there is just no way I could ever go back... not to mention file sharing, or quickly printing off materials for playtesters and on and on... its just very comfortable and efficient for me.

sad isnt it.

and to boot, last time i checked, when I get on a creative roll with pencil and paper, it just doesnt get on the paper fast enough, and my hand starts to throb. I also found diffculty in reading my important chicken scratched scrawled rule changes etc when referring back to them a month down the road.

Oh and copy and paste, thats another good one, copy and paste is my friend.

Again this is just me, I find it fascinating all the different approaches to game designing.

Quote:
I'll note, though, that for things that require a lot of precision that I'm still working on, I will sometimes create them in the computer, print them out, paste them into my paper notebook, and notate them. :)

HA HA HA! Now you're coming back over to the darkside... come... join me...*wink*

Rick-Holzgrafe
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Protecting your ideas.

Quote:
I cant tell you how many times I pitched a show idea only to get the classic response "We've been working on that same concept for a year"

It took me awhile before I caught on.

Well, maybe... but just here at BGDF I've been frustrated recently because the last THREE cool game ideas I had were each being considered by at least two other designers - independently, mind you. Some had the idea before me (and I found out after posting notes about my designs) and some after me (for an idea I hadn't posted yet!)

Maybe that just says something about my own lack of originality. But I've also learned that "an idea" is definitely not a game (as has been said before in this thread). Each game is different: Clark's bike-messenger game isn't like mine, all the "The King is Dead" games are different, and so on.

I draw two conclusions from this. One is that I'm unlikely to come up with anything that's actually unique. Maybe I'll get lucky some day, but the odds are against me. Therefore protecting my ideas is probably pointless, because they aren't uniquely mine to start with.

The second conclusion is that even if an idea of mine is stolen, it probably doesn't matter because the game that somebody else builds around the idea won't be like the one I build.

So I'm not gonna worry about it. :)

Anonymous
Protecting your ideas.

I think thats a fair position for your situation.

One thing to keep in mind is that seeing an idea posted here by somone with that nice little time stamp, doesnt mean it hasnt been sitting on their desk for 5 years prior... i for instance found this forum yesterday... ive been designing, playtesting and even producing a few one off game pieces here and their, at least as a hobby, forever... just to sprinkle some perspective on it... i'm just sayin'

Going on...

For me an *idea* is actually far more valuable than bragging rights within an online community. The name of the game (sorry thats so lame) is who can bring it to realization first... at least in my book.

Again saying "wow I thought of that same game idea exactly 23 minutes before designer Y on BGDF did" means nada.... however... designer X who has locked down reeled in an investor, commisioned little toy soldiers to be stamped out in Red China, and is in a dinner meeting with toy/hobby store distributors as we speak... well... now there my friends is the winner... no matter whose idea it was.

Challengers
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Protecting your ideas.

Brahmulus wrote:

In fact, there is probably a much higher risk of an honest stand up game designer accidently borrowing from a concept that caught his eye in the past and stayed subliminally imprinted on his brain, but eitherway, the same *lite* safeguards should be employed.


In the music world, subliminal imprints are cited as "influences" and serve to categorize a musician's style.
In journalists' circles, it's called plagiarism, and will get you kicked out of cocktail parties faster than you can say Jayson Blair.
I'd like to know what board game designers call it.

What has been will be again, what has been done will be done again; there is nothing new under the sun.
Is there anything of which one can say, "Look! This is something new"? It was here already, long ago; it was here before our time.
There is no remembrance of men of old, and even those who are yet to come will not be remembered by those who follow.

-(Ecclesiastes 1:9-11)

Anonymous
Protecting your ideas.

Quote:
In the music world, subliminal imprints are cited as "influences" and serve to categorize a musician's style.

Actually, as a long standing member of ASCAP, I felt compelled to mention that it is indeed plagiarism in the music industry. Hundreds of cases go to trial on a regular basis... everything from a similar melody, a comparable guitar riff, or an uncanny resemblance of lyrics.

Columbia Law School has compiled a comprehensive study of thousands of cases called the Music Plagiarism Project.

Influences are an entirely different thing, and they are entirely NOT subliminal but in fact very conscience.... however I'll spare everyone the boring deatails for now.

jwarrend
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Protecting your ideas.

Brahmulus wrote:

For me an *idea* is actually far more valuable than bragging rights within an online community. The name of the game (sorry thats so lame) is who can bring it to realization first... at least in my book.

Again saying "wow I thought of that same game idea exactly 23 minutes before designer Y on BGDF did" means nada....

I hope you'll find, as you hang around here some more, that this isn't really how this community works. While we are technically in competition with each other for limited publication spots (for those who even seek to publish, which is not even necessarily a majority), this is actually a remarkably uncompetitive place. In the cases where you do see a post that reads "hey, I'm working on a similar game", I think it's more about seeking to compare notes and learn from each other's approach rather than one-ups-manship.

One caution I would offer to Vassoul about the "full disclosure" approach, however, is that it is extremely common for designers here (and maybe everywhere) to get inspired by an idea that they've read about, and to springboard off of that into their own design. They (we?) won't steal your idea per se, but may use the more interesting bits as a core element of a new game. So, you have to decide for yourself whether this kind of thing would bother you or not. Some people consider it flattering, and some consider it irritating.

To me, I keep in mind that the vast majority of games discussed here, including my own, are probably never going to see the light of day, so if someone takes my idea and runs with it, well, the chances of that actually hurting me in any direct way (by competing with my game for shelf space) are nil, so I take it as a compliment when and if it happens.

One last comment regarding companies lurking on these boards for ideas to steal. Put that out of your mind; that's not going to happen. I think the only companies that do in-house designs are Hasbro, Fantasy Flight and Eagle, and they're not hurting for ideas or submissions. Frankly, if companies were lurking on our site, I would consider this a very good thing. The whole problem with getting into the hobby industry is that the companies would rather, if possible, put Alan Moon's name or Reiner Knizia's name on the box than an unknown designer. Having some exposure might actually help more of us to get published. A good game will still hopefully make it through, but if a company wants to publish your game, they want to put your name on it.

That's how I see it, anyway...

-Jeff

lordpog
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Protecting your ideas.

Watch out though, WHSmith sell their own version of many games. For some this is fine e.g. chess, backgammon, chinese checkers etc since the rules are in the public domain and it's the components you are buying.

However, they also sell their own brand of connect 4, guess who, operation and other mass market games, typically stocked alongside the real one and half the price. Doubtless they would do this to Hungry hippos too if that was not copyrighted.

With specialist games this is probably less of a problem, since the costs are higher and the market smaller.

Something to think about though

p

FastLearner
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Protecting your ideas.

WHSmith (and similar companies), though, know they're only going to sell stuff that people recognize. "Hey, that looks like that game I used to play with my brother," that kind of thing.

Why anyone would try to save a few bucks by buying a "generic" version of a game they'd never even heard of or seen before is a bit of a mystery to me, but why a publisher would risk a big chunk of money on publishing such a thing is beyone anything I can imagine.

And to Brahmulus: Jeff's absolutely correct. I've been part of this community since the beginning and there's no one-upsmanship here at all. Which is a huge part of why it's such a great community.

-- Matthew

sedjtroll
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Protecting your ideas.

FastLearner wrote:
And to Brahmulus: Jeff's absolutely correct. I've been part of this community since the beginning and there's no one-upsmanship here at all. Which is a huge part of why it's such a great community.

I thought about posting this last night, but I was real tired and didn't bother. *yawn*

- Seth

Hedge-o-Matic
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Protecting your ideas.

Really, even the publication of a similar game isn't that big a deal. There are any number of cases on Boardgame Geek that describe Game A as being "basically Game B with minor changes", or "a new theme."

the style of the game counts for more than we're giving it credit for, I think. People will buy the same content repeatedly, if there's some stylistic changes. Monopoly, anyone? Risk?

Oh, and my personal theory is that ideas, when they formulate, bounce off the upper atmosphere like AM radio waves to a different spot on the globe. they used to land in the Soviet Union, but now, apparently, they arrive in LA.

Strange.

Anonymous
Protecting your ideas.

Quote:
but just here at BGDF I've been frustrated recently because the last THREE cool game ideas I had were each being considered by at least two other designers - independently, mind you. Some had the idea before me (and I found out after posting notes about my designs) and some after me (for an idea I hadn't posted yet!)

While I appreciate the community loyalty, and have no reason to doubt the claims, I just wanted to show that my response was in direct response to Rick-Holzgrafe, and was explaining, imo, that being *first* with the idea has no bearing in the world, being first on the shelf does.

As far as my feelings here, so far so good.

Oh...and Iowa is most like an underveloped country, not SD... and the idea brain waves now switched from LA to Topeka...

What?

*wink*

braincog
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Protecting your ideas.

FastLearner wrote:
You can copyright the rules and your graphics, but the gameplay is wide open. Some people have patented their gameplay, but if you do a quick patent search for "board game" or "boardgame," you will see that the vast, vast majority of them never became games at all: they were just people who spent a lot of money out of fear.

I recently got a patent on a game I developed. I wrote the patent myself, did the drawings myself, and did all the submission myself. All in my spare time. I initially submitted two independent claims, one for the game "apparatus" (a general physical embodiment of the game), and one for the "game play method". Ultimately the claim associated with the apparatus was rejected completely, while my claim for the game method (the more important of the two) was accepted.

Of course, not everyone will have the desire or time to go about getting a patent themselves, but I definitely would NOT have spent thousands of dollars to have a lawyer or one of those silly (IMHO) "inventor representative" companies do it.

I agree totally with FastLearner's statement; don't let fear drive you into getting a patent. The main reason I did it was simply because I wanted to see if I could. Frankly, it was vanity more than anything. However, the additional credibility it provides and the small additional peace of mind are nice too. But because I did it myself, the whole thing only cost me a few hundred bucks (small entity filing fees) and maybe 40 hours of my free time over a few months. And it was fun.

But the greatest benefits of writing a patent application were that it forced me to do a lot of research on the competition (what other games similar to mine already exist = prior art) and isolate the truly unique characteristics of my game and articulate them. This has helped me to become a better advocate of my own game with others, revise a business plan, better gague who my customers would be, what my sales channels should be, etc.

I can also recommend the book Patent It Yourself by David Pressman. Between that book, and simply printing off a dozen or so copies of existing patents for games like Cranium and others as examples (you can freely copy any language you want from existing patents - plagiarism doesn't apply), it was not particularly difficult to write a patent.

Cheers,
Bill

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