Software IP and Games – which model applies?

December 5th, 2008 Posted in Information Technology, Intellectual Property, Video Games

At the moment, video games, because they are software, are covered by copyright.  But traditionally, games were covered by patent.

Hmm.  I’ve argued before that software should be sui generis, governed by a hybrid model of patent and copyright:

The Source Door: When and How Far should it be opened?
Reforming the Intellectual Property Regime for Computer Software through a Hybrid Protection Model.

Perhaps video games should provide the legal arena for this battle.  How does one then fit user-created collaborative content into such a model?

I smell a thesis coming.