Porting iphone freeware game to PC: copyright problems?

[arj0n]

Can porting a freeware iphone game to pc give any copyright problems?

[Misj']

Can porting a freeware iphone game to pc give any copyright problems?

Yes.

Freeware does not equal 'without copyrights'; it just means the software is free, not it's intellectual property (for open-source the same rules apply but the licensing of the IP is clearer, the source is available (though not necessarily free), and within the rules set in the licensing you're allowed to change and port the software).  So technically, it would be illegal and if they were to sue you they would win. They probably won't sue you, though.

On the other hand, without the source it technically wouldn't be a port (because that term indicates that you adapt the original software to run under a different (hardware) system) but a clone or recreation.

[arj0n]

On the other hand, without the source it technically wouldn't be a port (because that term indicates that you adapt the original software to run under a different (hardware) system) but a clone or recreation.

I [obviously] do not have the source so I think you're right saying it would be a clone
But then there can still be issues I guess, like for example 'same level design'.
Maybe a slight difference per level will do?

[Misj']

I [obviously] do not have the source so I think you're right saying it would be a clone
But then there can still be issues I guess, like for example 'same level design'.
Maybe a slight difference per level will do?

Level design indeed falls under the IP of the original creator (or copyright holder).

A little while back someone ported a PalmOS clone of lemmings to both Apple iOS and Palm WebOS, and they got a cease & desist from Sony (the current copyright holder of lemmings). Sure, lemmings is a commercial game so things are slightly different; but the reason I mention it is because they too used the original level-designs and graphics that were clearly cloned from the original. So technically it was the original game but cloned in PalmOS and ported to iOS and WebOS. They're now thinking of using this clone-engine (that is their own IP) to create a new game (new graphics, audio, and level-design) to create a game of the same genre as lemmings but different.

Of course the closer the level-design matches the original the more you're in a grey area.

Also a grey area might arise when the game-play itself is so specific to this particular game. Games like lemmings, world of Goo or Patapon are in a way a genre of their own, and everything else in their genre is a clone and might be infringement of their IP (at least according to the copyright holder).

Easiest - and safest - thing of course is to contact the original developers (but if they say 'no', you have a no).