I love the implication of "We totally could've patented it but we didn't."

Game companies actually did try to pull the same stuff in the 80's and were less than successful - confirming the precedent that ideas aren't copyrightable.

More recently big publishers starting using software patents to monopolize ideas around microtransactions and "surprise mechanics". I have no idea how well that protection has been tested in court, but doubtful that normal gameplay would hold up as novel enough to be patented. (even ignoring the other comment that they didn't invent it first)

I love the implication of "We totally could've patented it but we didn't."

Game companies actually did try to pull the same stuff in the 80's and were less than successful - confirming the precedent that ideas aren't copyrightable.

More recently big publishers starting using software patents to monopolize ideas like "surprise mechanics". I have no idea how well that protection has been tested in court, but doubtful that normal gameplay would hold up as novel enough to be patented. (even ignoring the other comment that they didn't invent it first)