Steadily working my way through recreating Zork The Undiscovered Underground in ZIL using ZILF. I’ve been live-streaming it, along with a couple of other parallel projects, if anyone is interested in following along: https://www.youtube.com/playlist?list=PLVrHYoqKjYQzm76zYSF5BjkKDiOCHo6pN
In general, anything using Infocom’s intellectual property is technically in violation of copyright, but nobody has tried to enforce that copyright in decades. And ZtUU is available for free, so it’s not like you’d be undercutting anyone’s profits.
It’s a slightly different case from the original games, because ZTUU was created (commissioned) by Activision circa 1997. But, as you say, it was a free promo to begin with.
Speaking of which: the IFDB link for ZTUU goes to a dead site. I’m going to re-upload it to the IF Archive.
Important distinction: that’s trademark, not copyright. You can trademark just about anything if you file the right paperwork and pay the fees (e.g. Facebook has trademarked the color blue and the lowercase letter “f”), but it only applies to a very specific domain (those trademarks are only for social media sites), and it only lasts as long as you’re actively using it and preventing it from being genericized (which is what happened to xerox and aspirin).
All the Infocom trademarks lapsed ages ago, but the copyright is still around: copyright applies to any sort of creative work, whether you file the paperwork or not, and lasts for longer than any of us will be alive thanks to Disney owning several politicians.
(And then there are patents, which are another kettle of fish entirely. Intellectual property law is complicated!)
It’s also worth noting that what exactly is protected by copyright isn’t always clear-cut—it’s something that gets debated in court and decided by a judge, rather than the law being crystal-clear on where the lines get drawn. Some authors take a very expansive view of copyright, making rather silly arguments about owning broad concepts and parts of the human experience and sending cease-and-desist letters to individual authors who usually have to give in instead of fighting back. But the Organization for Transformative Works has the policy that noncommercial transformative fan works fall under fair use, and has lawyers to back them up—and so far, nobody has seriously challenged them on it. That’s why IFComp now uses that policy.
Of course, porting ZtUU is not really transformative by the OTW’s definition, so it wouldn’t be protected regardless.
That’s interesting, so if Activision were actively in the game with this then trying to create an actual Zork game (like Zork 4, just as an example) would be problematic but a game like Action Castle using a very Zork-like look and font would be fine?
Don’t worry about that, it’s literally just me doing it for fun as something to live-stream and show ZIL tinkering! I wouldn’t even look to upload it to IFDB unless people felt that a ZIL port would be of interest or curiosity.
I don’t know if uploading the binary would be useful, but I hope you’ll at least upload the source code to the Archive for future reference! It’s great having more ZIL source available to reference.