Marquette University Law School Marquette Law Scholarly Commons Faculty Publications Faculty Scholarship 1-1-2011 Games and Other Uncopyrightable Systems Bruce E. Boyden Marquette University Law School,
[email protected] Follow this and additional works at: http://scholarship.law.marquette.edu/facpub Part of the Law Commons Publication Information Bruce E. Boyden, Games and Other Uncopyrightable Systems, 18 Geo. Mason L. Rev. 439 (2011) Repository Citation Boyden, Bruce E., "Games and Other Uncopyrightable Systems" (2011). Faculty Publications. Paper 82. http://scholarship.law.marquette.edu/facpub/82 This Article is brought to you for free and open access by the Faculty Scholarship at Marquette Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact
[email protected]. 2011] 439 GAMES AND OTHER UNCOPYRIGHTABLE SYSTEMS Bruce E. Boyden* INTRODUCTION Games are deceptively simple objects of human culture.1 They are familiar, commonplace, and often easy to learn: young children play them at an early age. For most people, games are a pastime, a form of recreation that involves relatively little preparation or time commitment.2 They are thus the very opposite of work, and hardly comparable to such serious pursuits as scholarship or art.3 For all their seeming ingenuousness, however, games are also deeply puzzling. Defining games is a notoriously difficult enterprise.4 Scholars from several different disciplines have struggled to determine what the nature, or essence, of games really is. And the elusiveness of games poses problems for intellectual property law as well.