Cease-and-Desist Letters from The Tetris Company

[peia]

Hello, I currently reside in Maryland and I have an issue that concerns copyright, trademark, and patent law. I'm making the post in this thread because I believe that the issue at hand is more of a copyright and trademark issue than it is a patent issue.

Background

A week ago, The Tetris Company filed a Cease-and-Desist letter to the owner and creator of a game called TetriNET 2. I have not seen the actual letter but the general complaint is that the "name and game mechanics" are "similar to 'Tetris'".

Definition of "Tetris"

There are many variations on the rule sets and many fans in the community have their preferred game/clone/variation. If you want to play the original version or an official version of "Tetris", you will need to go out and spend money to see the game.

But nonetheless I will link a site that emulates the original rule set of "Tetris" very well: http://www.neave.com/games/nblox/

Due to legal concerns the author had to change the name of the game and claim no affiliation of his game to Tetris. I do not know why or where The Tetris Company stopped pressing charges on this flash application.

Although this emulation shows none of the newer rule sets introduced throughout the years, most of the newer mechanics are not in TetriNET or TetriNET 2.

History of TetriNET/TetriNET 2

The first version of TetriNET was created in 1997 with an updated set of "Tetris" mechanics and the creation of a few new and very innovative mechanics, which defines TetriNET as a game. This new mechanic is called Special Blocks. There is no previous reference of Special Blocks in any 'Tetris'-like game or clone before TetriNET. Along with Special Blocks, 6 players may play competitively at once and players may join teams to compete among each other (before, multiplayer consisted of only 2 people at a time). I believe that these two aspects define the TetriNET family very strongly and set it apart from any other "Tetris"-like game or clone.

TetriNET 2 is an upgraded version of the original TetriNET (created by the same programmer, author, and developer) which introduces more unique mechanics and rule sets. I'll briefly talk about two rule sets that are referred to as Downstack and Sticks which are unique to the game.

Special Blocks

Special Blocks are a new mechanic and rule set in themselves. To detail all the mechanics of Special Blocks is an entire article in itself. So I will briefly glimpse over what was introduced with Special Blocks and how they affect the game.

Special Blocks appear on the field when a set number of lines are cleared. Players may obtain these Special Blocks by clearing lines that contain Special Blocks in them. Players are given an inventory to hold the Special Blocks they obtain during the game. Players may use Special Blocks throughout the game.

Each special block adds a large portion to the game and I will list a few of them here:

Clear Column - A random column on the target field is emptied
Blockquake - The field is shifted randomly (to look as if an earthquake hit it)
Switch Fields - You switch fields with another player
Nuke Field - A target field is completely reset to nothing (saves many people)
Confusion - The target player has his/her keys randomized (ex: up is left and right is down, etc.)
Darkness - The target player's field is blacked out (general gist of the effect)

These are just a few examples of the many Special Blocks players can use while playing. As you can realize, when players accumulate a full inventory (18 special blocks) they can release havoc quite fast and often times, the games no longer resemble anything that The Tetris Company has published.

Downstack

Introduced in TetriNET 2. The field starts with around 17 incomplete lines and the goal of the game is to clear 30 lines. Very simple, but at the competitive level, this is extremely unique and innovative. This is also used by many people to train their skills in other modes.

Sticks

Introduced in TetriNET 2. The game rules are changed so that the only blocks that come in are sticks. This sounds amazingly easy, but there are many players who specialize in this game variation. The special blocks for this game variation are also drastically altered to be much more deadlier and potent than the original versions of the blocks.

Other variations of the game

Players are free to create rule sets for themselves and I've seen many unique and fun rule sets that are not seen anywhere else. Some players turn off certain rules to "emulate" the original "Tetris" rule set (the game itself cannot represent the original rule set of "Tetris" but it can try to).

I have, myself, made variations on the rules to create fun and interesting strategies. I've created a variation called Tennis which aims to emulate the pressure and feeling of a competitive Tennis match.

My Research

Reading up on what I can find on the internet, I have found several government websites that may concern this issue (I have read much more but short of government websites, I do not know if I can trust what I read):

http://www.copyright.gov/fls/fl108.html

"The idea for a game is not protected by copyright. The same is true of the name or title given to the game and of the method or methods for playing it ... Once a game has been made public, nothing in the copyright law prevents others from developing another game based on similar principles."

It is my personal opinion that this quote is enough to protect from The Tetris Company. But I am unsure of how the actual law is interpreted, and where to find the laws of copyrights and games/entertainment.

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=/netahtml/PTO/search-bool.html&r=31&f=G&l=50&co1=AND&d=PTXT&s1=Tetris&OS=Tetris&RS=Tetris

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=/netahtml/PTO/search-bool.html&r=10&f=G&l=50&co1=AND&d=PTXT&s1=Tetris&OS=Tetris&RS=Tetris

These two patents overlap each other. I'm not a big on law, but I am certain that there is an intersection of what's being patented. I'd also like to point out that The Tetris Company does not hold rights to any of these patents (unless my bleeding eyes have missed it). Also, some of these patents are very general and unspecific. I believe that at some point, both patents cover all "Tetris"-like games as a whole. At what point can a company step in and claim rights to all derivatives of these patents?

Trademark/Name Violation

I know that there is a similarity of name at stake too. But I do not know how this can be played out. If the name or title of the game is not protected by copyright (which was out in 1985) then how can the company hold a violation to the name of TetriNET? At what point can a company claim a name/trademark violation.

Many people refer to these type of games as "-tris" games. Historically there have been issues with games that place a "-tris" at the end of their names and as this is the normal recognition of the "Tetris" family of games.

My Personal Questions About This Issue

While the game is under attack from The Tetris Company. I believe that the latest Tetris DS (released by The Tetris Company) directly steals ideas from TetriNET and TetriNET 2. Not only is this the first official release that allows more than 2 people to play, but the game now implements special blocks, most of which, are direct copies of the original concept. There are differences though, such as the presentation, color, and design. But the actual concept and idea was created 10 years ago in TetriNET. One special block in Tetris DS, enables a "sticks" mode that changes all pieces to sticks for a duration of time. (This is actually doable in TetriNET if you modify the settings of the Special Block "Mutated Pieces" but I suppose it is not a direct copy of the rule).

If The Tetris Company is able to hold charges on TetriNET being too close to "Tetris" then wouldn't the original author and creator of the special block rules be able to hold The Tetris Company liable for making millions off his original idea? I believe that the integration of sticks and special blocks into Tetris DS steps over this boundary of copyright issue.

Ethical Issues

There is an ethical issue at stake when a major corporation is able to steal ideas from people, make millions, and then file lawsuits on the original individuals for stealing their work.

A major feeling I have is that "Tetris" is no longer a game as it is more a genre. There are many variations on the rules and many people have expressed their own view of how the game should be played. I've seen a lot of innovation and creativity in this field that is followed by a cease-and-desist letter and then the implementation of these new ideas in the next $30 product The Tetris Company puts out.

If at some point in time, that this is considered a genre, then would The Tetris Company be considered a monopoly for having the only rights to publish "-tris"-like games? They claim all rights to any variation of the rules and aim to close down any competition.

I think my original feeling about this case is that it is hypocritical because The Tetris Company incorporates others' ideas into their own games to boost their own sales, while calling out copyright infringement at the same time.

--

Thank you for your time and thoughts.

peia

 

[divgradcurl]

If at some point in time, that this is considered a genre, then would The Tetris Company be considered a monopoly for having the only rights to publish "-tris"-like games?

Intellectual property rights (patent, copyright, trademark) ARE a form of a monopoly -- but it's a government-created and regulated LEGAL monopoly. If the Tetris company owns copyrights and trademarks to its game, it is entitled to enforce them.

If there was another question in your post, I didn't see it.

 

[peia]

Considering that the patents are held by individuals other than The Tetris Company, and it's questionable because of that, if they even hold copyright to the game (other than the name because it is the name of the company after all). I found copyrights on games that were released after 1997. But ownership of patents and copyrights before then did not go to the company.

So, I guess I am wondering if they could actually own the copyrights to the game from 1985 and on (because the company formed in 1996 or 1997 and there are patents held before the company's existance)?

Also, considering the situation presented in http://www.copyright.gov/fls/fl108.html would they have a case that they could support at all? Or is there somewhere else I can look for more clarification on what is said there?

And without paying, mentioning, giving credit to the original inventors of new "Tetris" variations, could they claim original copyright and ownership of those ideas and sell it for profit as their own original ideas (after all, they did not invent them)?

 

[The Occultist]

General rule of thumb: you can do whatever you want until you are sued for it, and then the courts decide if infringement occurred and assess damages from said infringement.

Oh, and something you said just really amused me:

If you want to play the original version or an official version of "Tetris", you will need to go out and spend money to see the game.

That's, uh, kinda why people enforce their IP rights; they want to make money off of it.

 

[divgradcurl]

Considering that the patents are held by individuals other than The Tetris Company, and it's questionable because of that, if they even hold copyright to the game (other than the name because it is the name of the company after all). I found copyrights on games that were released after 1997. But ownership of patents and copyrights before then did not go to the company.

Are you certain that The Tetris Company has not acquired the rights to the patents or copyrights, either through assignment or license?

So, I guess I am wondering if they could actually own the copyrights to the game from 1985 and on (because the company formed in 1996 or 1997 and there are patents held before the company's existance)?

See above. Assignments to patents may be recorded in the USPTO, but they are not required to be recorded. Same for copyrights, they may be recorded with the copyright office, but are not required to be.

Also, considering the situation presented in http://www.copyright.gov/fls/fl108.html would they have a case that they could support at all? Or is there somewhere else I can look for more clarification on what is said there?

So? The game mechanics cannot be copyrighted. The look and feel of the game might be copyrightable, and might be trademarkable. The title or name is not copyrightable, but is certainly trademarkable.

And without paying, mentioning, giving credit to the original inventors of new "Tetris" variations, could they claim original copyright and ownership of those ideas and sell it for profit as their own original ideas (after all, they did not invent them)?

They can claim copyright to anything they developed themselves. If they copied someone, no they cannot claim copyright -- but this starts to get complicated if the copyright that they "stole" is really an unauthorized derivative work of a copyright they DO hold. Ideas are not copyrightable anyway, so if all they did was take someone's idea, unless that idea is protected by a patent, that idea is free for anyone to use.

 

[DXG]

Yes, But

Intellectual property rights (patent, copyright, trademark) ARE a form of a monopoly -- but it's a government-created and regulated LEGAL monopoly. If the Tetris company owns copyrights and trademarks to its game, it is entitled to enforce them.

If there was another question in your post, I didn't see it.

Yes, but the TC owns a copyright on ONLY the "audiovisual effects" of certain Tetris versions (Family Tetris, Kids Tetris, Magic Tetris). This means I can not steal the code base used to create the audio and visual effects of these games to make my own tetromino game.

I CAN HOWEVER legally make a tetromino game using my own code base, art, and music that is identical to (or based on) the original Tetris game concept.

This is because the TC does not own a patent on the game concept of Tetris. A patent is the only IP law that protects a game concept.

The Tetris Company IS NOT entitled to a monopoly in the creation and distribution of these games, rather the NAME, LOGO, and "audiovisual" effects of certain Tetris Games.

It is NOT entitled to enforce IP licenses that it does not own.

For more information, see The Tetris Company and the iPhone The Tetromino

 

[Zigner]

Yes, but the TC owns a copyright on ONLY the "audiovisual effects" of certain Tetris versions (Family Tetris, Kids Tetris, Magic Tetris). This means I can not steal the code base used to create the audio and visual effects of these games to make my own tetromino game.

I CAN HOWEVER legally make a tetromino game using my own code base, art, and music that is identical to (or based on) the original Tetris game concept.

This is because the TC does not own a patent on the game concept of Tetris. A patent is the only IP law that protects a game concept.

The Tetris Company IS NOT entitled to a monopoly in the creation and distribution of these games, rather the NAME, LOGO, and "audiovisual" effects of certain Tetris Games.

It is NOT entitled to enforce IP licenses that it does not own.

For more information, see The Tetris Company and the iPhone The Tetromino

This thread's a year old...don't necropost

 

[lhayes]

Mis-use of "Necropost" Term Considered Harmful

I saw this exchange and its a pet peeve of mine, so I decided to make an account to join in:

Necroposting is only harmful when a topic has a definitive answer, is no longer relevant, and there is no new information about the topic.

Furthermore, refraining from answering topic posts just because they are old is harmful to general understanding and knowledge. This forum shows up on search engines, and when users stumble on to old threads that lack relevant information but are high in their search results, its a problem. It makes it harder to find newer relevant information when we could have just continued the conversation here, even with a one year gap.

If, on the other hand, you want to enforce an "absolutely no necroposting" stance, then simply modify your robots.txt so as to keep your old, inadequate, and out-dated forum discussions from polluting my google searches.

 

[The Occultist]

I saw this exchange and its a pet peeve of mine, so I decided to make an account to join in:

Necroposting is only harmful when a topic has a definitive answer, is no longer relevant, and there is no new information about the topic.

Furthermore, refraining from answering topic posts just because they are old is harmful to general understanding and knowledge. This forum shows up on search engines, and when users stumble on to old threads that lack relevant information but are high in their search results, its a problem. It makes it harder to find newer relevant information when we could have just continued the conversation here, even with a one year gap.

If, on the other hand, you want to enforce an "absolutely no necroposting" stance, then simply modify your robots.txt so as to keep your old, inadequate, and out-dated forum discussions from polluting my google searches.

Please go away. Thank you.

I am also against necro-posting, but I still wish to respond to you, DXG. I am by no means an expert in this area, so if I am incorrect I'm absolutely certain Div or FR will be by shortly to correct me, but wouldn't using any portion of the word "Tetris," which is indeed a unique word, infringe on Tetris' trademark?

 

[DXG]

The Tetris Company and IP Rights

The Tetris Company IS NOT entitled to a monopoly in
the creation and distribution of these games, rather the NAME, LOGO,
and "audiovisual" effects of certain Tetris Games.

It is NOT entitled to enforce IP licenses that it does not own.

To clarify, Peia originally asked about the Tetris Company's "having the only rights to publish '-tris'-like games". The question refers to the game itself, not just the name.

Let me outline the three intellectual property rights that apply to this case once and for all:

Patent: prohibits others from making, using, distributing or selling a patented invention for a period of up to 20 years. Its a rather long and expensive process to obtain a patent, but the advantage is that the inventor has a temporary monopoly in his or her market. The disadvantage is that after 20 years the patent is released to the public. At this time anyone can COPY, use, distribute and sell the invention. The Tetris game mechanics (tetromino pieces falling, the rotation and translation of such pieces, the clearing of rows, etc) were never patented. Even if they were, they have since expired (2005). So, to answer peia's question: NO, the Tetris Company does NOT have the only right to publish these types of games.

Copyright: prohibits others from copying the creative expression of an idea. This covers "original works of authorship including literary, dramatic, musical, artistic and other intellectual works" (USPTO). The Tetris Company owns a copyright on the audiovisual effects of certain Tetris Games (Family Tetris, Magical Tetris, etc). This means first: I
can not break in, steal the TC's code, and use it for my game. Second: it also means that I can not reproduce any audiovisual effect that does not stem directly from Tetris game mechanics (see Altai test). Lets look at this image http://media.arstechnica.com/journals/thumbs.media/tetris-1.jpg. At first you might think the interfaces are strikingly similar. BUT upon closer inspection you will see that every visual effect in Tris stems directly from common game mechanics (score, level, menu, title) or the original Tetris game mechanics and rules (tetromino pieces, grid, next piece). Tris has no background and has a minimalistic status bar. EA's Tetris has a framed background with all sorts of shapes and colors flying around. Tetris' Title is located on the grid (whereas Tris' title is in the status bar). EA's Tetris has a "Hold" section, which Tris does not have. EA's Tetris' "Next" block sticks out from the grid (and you can also see two consecutive blocks floating under) whereas Tris' next piece is in the status bar and is labeled differently. Tetris also has a "Goal" block sticking out from the grid. Tetris' “Level” is located at the bottom of the screen (whereas Tris' is located on the top right of the status bar) and the Tetris score is not boxed off like Tris's score. Tris also doesn't have an "items" section.

Trademark: The Tetris Company owns a registered trademark on the use of the word TETRIS (and “confusingly similar” variants thereof) as well as the Tetris Logo. So, trademark is the only possible valid IP law that could bring TRIS or TetriNET to court because these names could be considered confusingly similar to TETRIS. However, once in court its unclear which way the ruling could go. This is because some would argue that the word TETRIS has come to refer to the generic genre of falling block tetromino games and is no longer uniquely associated with the TC. Therefore, the TC's trademark rights could be contested in court (and TC could very likely lose). Since the Tetris Company acquired its trademark in 1991, it has not enforced its claims in court. Instead, every dispute has been settled out of court. This is because 1) most people don't understand their IP rights and 2) because the TC is afraid of losing its trademark rights. Another vague area of the TC's trademark rights is how dissimilar a name must be from TETRIS to be in the clear. If TetriNet changed its name to TetroNET for example, it could argue that its name stems from the term Tetromino which predates TETRIS.

In sum, anyone can make a Tetris game and build upon the original game concept. To steer clear of IP infringement claims, name your game something completely unique (or be ready to contest your name). Also, be ready for a Cease and Desist letter to make its way to you, but do not be fooled or scared off by unjust threats.

see iPhone The Tetromino for more information on the Tetris Company, Tetromino games, and the iPhone.

 

[cyjeff]

God... the thread that wouldn't die.

Here's a thought. Go start your own forum and then you can necropost all you want.

Here, it is not approved of. I understand it may be a pet peeve of yours. I just can't make myself care.