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« on: March 19, 2007, 05:09:29 pm »
first off, while it has been said in previous posts in this topic, I believe it's important enough to repeat: Wizards of the Coast doesn't hold a copyright on collectible card games, it holds a patent on it. That means that, instead of having sole control over all CCG's made, it has control over royalties and stuff that must be paid to them from others who make card games that fit the criteria outlined in the patent.
Second, Spore could very likely fall under that patent. What WOTC's patent outlines (patent 5,662,332 by the way, if anyone's interested), and therefore what a CCG is defined as, is this:
-It is a method of playing games with two or more players, with actions in said game that involve drawing, playing, and discarding game components
-the player builds and customizes a collection of game components from a large reservoir of game components
-trading and purchasing said game components
-players taking turns using game components from their hands, and drawing and discarding on a playing surface
...blah, blah, blah. It goes in that vein for a good while. What WOTC seems to mainly hold the patent over is the actual progression of the games that it develops, such as drawing cards, then paying upkeep, then playing cards, then attacking, et cetera. If Spore's card game follows a fundamentally different game progression then the chances are better that it will be able to go unscathed.
However, the worry for me is that, while the cards are creatures and planets and such that are player created, they DO make up a pool of cards, and you DO pick and choose which ones you want to use. That IS part of the patent. May bring them some trouble.
Again, on the bright side of EA and Spore, from what I've read there seem to be those that question the legality of WOTC's patent. While I don't think EA would fight a legal battle over it (Big companies hate fighting and would rather just settle like wusses), if it did come to that there may be a chance of them winning.
However I feel that simply paying royalties to Wizards would be the most logical and likely course of action in this case, if Wizard so wishes to be paid. It's really hard to tell whether or not this is considered the same kind of CCG as say, Magic the Gathering, because we don't know a lick about the card game other than it will be using the same cards that you find in Spore, in the form of the Sporepedia.
Oh, and Magic is a -lot- bigger than you think. No, I don't think it makes as much as the entire gaming industry, but that doesn't mean it's pitifully tiny. A lot of people play Magic. A lot a lot.