Quoting doesn't work properly, I only see html code, which means formatting this is a mess but here we go;
omarct said:
S.Peelman said: Why should you not be allowed to own you own creation? | Because an idea, a concept, should not belong to anyone forever. It is not a physical entity, it doesnt have a quantity limit. Why should anyone own something like that forever? Its like how someone owns the happy birthday song, now no one is allowed to use it anymore unless they pay retarded fees to whoever owns it(the guy who used to own it died). Monopolizing something forever is a retarded concept. |
That doesn't make any sense. Have you never had a good idea of your own? Giving away your ideas for anyone to abuse is a surefire way to destroy the image of an IP and flood the market with all kinds of total crap. There wouldn't be any property that would actually be respected now at this point. Not Mario, not Star Wars, not Batman, not Mickey Mouse, nothing; it would all be crap. Say the rule was like you say it is. Nintendo loses the sole rights to Mario in 1993 (or even 1991 if you will). There would be Super Mario World, and then a thousand clones that are total crap.
An idea actually is a physical entity in the sense that the owner will make products with it. The games, in this case, are a physical entity, it exists, therefore the idea exists. Miyamoto once drew a picture of Mario, it's his physical creation, not anyone else's. Your 'Happy Birthday' analogy doesn't work, because it's creator, if there ever was any in the first place because this particular song might have just evolved over time as it was used, is now long gone and forgotten and there has never been an heir to claim any rights. Copyright expires after a while in that case.
Then, the 'concept' of Mario can be copied just fine. Being 'inspired' by another's idea is fair. Anyone can make a new platformer, even one where the main character gains power-ups and traverses differently themed worlds. Same goes for God of War; anyone could make a hack-n-slash with some overpowered angry dude. However obviously, doing so would probably get you accused of ripping off. ![](http://www.vgchartz.com/includes/tongue.gif)