Oregon Trail- The Copyright Trail

LRH · Wed 19/12/2012 17:02:25

I can't recall whether I've posted this here before. A quick search turns up nothing, so I guess I'll go ahead. I tried asking this on my law school forum and was instantly condemned to roast in hell for all eternity for "seeking free legal advice." I happen to regard it as a simple question that could be answered by anyone with more general knowledge about the process than myself, but...whatever. I generally find this to be the more friendly atmosphere.

So here's the rundown:

I've recently become interested in making a sort of re-make of The Oregon Trail, ver. 1.2. If you're not sure which one that is, it's not the black and green apple version, it's the colorful version designed for early Windows machines.

Anyway, I want to do this right, and I'd like to be able to distribute the game for free when I'm finished, rather than just letting it sit on my own hard drive for my occasional amusement. That said, I'm trying to find the proper agent to contact regarding permission for this little project to go forward.

Problem is, the original Oregon Trail ver. 1.2 appears to be licensed to MECC, [http://en.wikipedia.org/wiki/MECC] which has since been acquired and possibly re-acquired. [http://en.wikipedia.org/wiki/SoftKey]

I want to do this right, not just go ahead and hope no issues arise/deal with a future slap on the wrist. If I can't find out who to contact, I can't really move forward.

Is there anyone out there that understands this kind of thing better than I do willing to help me out? It'd be very much appreciated.

TheBitPriest · Wed 19/12/2012 17:51:08

Domithan,

The Oregon Trail IP is currently owned by Houghton Mifflin under the label The Learning Company (http://www.thelearningcompany.com). They currently sell an Oregon Trail game for the Wii. I would fully expect a lawsuit (threat at the very least) if you tried to make and sell your own version without permission. But you can write to them and ask for permission to make a derivative work/remake/etc. Try their contact page. I have worked with Midway, Marvel Comics, and "Atari" in the realm of IP usage. Companies that hold this type of IP tend to be very inflexible and protective of their brand, but developers make products for such owners all the time. Why not you? Give it a try! I'll bet a "retro" Trail would sell to a limited market if the publisher were willing to give it a life.

With that said, I think the "idea" of Oregon Trail may (<- key word) be trite enough that a similar product with a different name may pass under the radar. Of course, being reminded of your Law school buddies, all of this advice is unofficial! Ask a lawyer. Nevertheless, the first lawyer to talk to is theirs. Write a letter to the publisher. Now, some publishers just respond with a default, "no." Don't give up on the first try. You may have to put together a full pitch document with a demo and a resume. Seeing how it's owned by a book publisher, they may be even more difficult in handling your approach than a game publisher. I have friends who have published books, and I have always been amazed at the level of work needed to get a hearing.

Just my mileage... Someone else may have better advice.

[edit] I don't know why I didn't first think of Moby Games.

Here's their Moby Games profile: Click me. ...with contact information.

[edit] I found this today: The Learning Company Suing Zynga

Ponch · Wed 19/12/2012 17:52:45

Can't you just change the name and tweak the setting a little bit? There have been tons of knock-offs of this game down through the years -- Organ Trail being my favorite, but there are a ton of others.

Why not make Canadian Trail? It could be about a bunch of misguided people who leave Texas (God's glorious backyard) to set out for the frigid, wind-swept steppes of Canada, but they foolishly don't speak French and their arteries aren't prepared for the heady yet deadly combination of gravy and french fries.

Or what about Doodlie Or Bust!, a riveting drama which tells the story an adventurous group of recent American immigrants to Australia (Ron Paul supporters seeking political asylum from teh Obama, no doubt

) as they arrive at the sleepy little seaport village of Sidney, buy equipment, and make their way across scenic and deadly West Australia (on the wrong side of the road, of course), bound for the distant, bustling mega-city of Doodlakine (the city that never naps). Bonus: Australia is so deadly that you could set it in modern times and still have half of the people in the van die from dysentery or packs of ravenous super spiders.

As long as the game is free, you'll probably be in the clear.

LRH · Wed 19/12/2012 17:59:30

Priest- That was an incredibly thorough reply, thank you! You've given me many new leads to pursue.

Ponch- You had some very clever (and hilarious) ideas as well. Expanding on Priest's suggestion about a close concept...I hadn't really considered an alternate route entirely.

Ponch · Wed 19/12/2012 18:01:14

If you don't make Doodlie Or Bust!, I shall be very sad.

"You and your party have been killed by Lord Humungous."

Just think about it is all I'm saying.

LRH · Wed 19/12/2012 18:07:48

Quote from: Ponch on Wed 19/12/2012 18:01:14
If you don't make Doodlie Or Bust!, I shall be very sad.

"You and your party have been killed by Lord Humungous."

Just think about it is all I'm saying.

...tell ya what. Think of a way to change the setting to 1848, and I *might* consider it.

Ponch · Wed 19/12/2012 18:17:04

Quote from: Domithan on Wed 19/12/2012 18:07:48
...tell ya what. Think of a way to change the setting to 1848, and I *might* consider it.

Scientists are reasonably sure that there was no measurable difference between Australia, 1848 and Australia, 1984. Sometime during 2005 (just before Ben304 joined the forums), wild internet poles began to sprout up across the landscape (no doubt carried in on imported bananas or something), and Oz underwent a sea change. But prior to that, it was nothing but shambling packs of venomous wallabies and rampaging hordes of bikers looking for gasoline since the late 18th century or so.

(Sorry Australia)

TheBitPriest · Wed 19/12/2012 18:20:27

Some more quick thoughts...

I would follow this advice: Click me for a Gamasutra article.

And combine this, this, and this to create a business case for a retro remake.

After they shoot you down (which they may not!), go with Ponch's cool idea. Didn't Ponch come up with the idea of a Little House on the Prairie game? Maybe in space??? In the "space oregon trail" game, maybe everyone could die of "space dysentery."

I noticed that ThinkGeek.com is no longer selling the dysentery t-shirts on their site (at least, I can't find it). My spidy-senses tell me that a company like Houghton Mifflin (too conservative) would put the kebash on such a shirt rather quickly, which also doesn't bode well for a casual non-licensed remake. But again... I have no real information on that company. Although I work with the IP of another conservative book publisher on a routine basis, and I get the impression that the book industry is much more guarded than the game industry. Just my two cents...

SSH · Wed 19/12/2012 20:59:47

How about the Oreo trail where the settlers have to face dangers such as diabetes and heart disease as they battle through the hard, dark, plains, climb the Rockies covered by a snow-coloured but also sweet and sticky substance and finally end up in Portlyland, Ore~~gon~~o

Ponch · Thu 20/12/2012 02:20:48

Quote from: SSH on Wed 19/12/2012 20:59:47
How about the Oreo trail...

But I'm already playing that game in real life!

Radiant · Thu 20/12/2012 09:11:34

Quote from: SSH on Wed 19/12/2012 20:59:47
How about the Oreo trail where the settlers have to face dangers such as diabetes and heart disease as they battle through the hard, dark, plains, climb the Rockies covered by a snow-coloured but also sweet and sticky substance and finally end up in Portlyland, Ore~~gon~~o

I like it!

(for added atmosphere, put on The White Stuff by Weird Al Yankovic)

TheBitPriest · Thu 20/12/2012 13:43:13

Classic Oreo Trail ending...

(aw... that's not funny...)

Ponch · Fri 21/12/2012 04:58:25

Someone needs to make that into a shirt. I would wear everywhere it with pride.

(Except around my brother-in-law, who actually has teh diabeetus

)

blueskirt · Sat 22/12/2012 23:03:28

I recall playing a couple spin-offs on the classic Oregon Trail gameplay, Thule Trail where you ride from the east to west coast to attend a concert and Organ Trail with a zombie apocalypse flavor.

If you like the classic gameplay, there's plenty of directions you could take it to, from the conquest of the new world, to a different country and era, to fantasy adventuring party, to biker gang, to mountain climbing, to space travel... that wouldn't thread on anyone's copyrights or trademarks and would allow you to flesh out the rules some more to make the game more interesting, tell stories and profit from your work.