It’s a good point to bring up that there’s a paradox. In my experience, these games seed you with the weaker options, so new options are more exciting than the existing. Not all options are typically equal, and some options are niche or expected to combo with something else (see Mark Rosewater’s classic article on “bad cards”). Some games (Megabonk) also let you modify the pool, which is a neat solve.

I think the other poster is highlighting the semantic difference of rogueLIKE (copies Rogue’s mechanics closely) with rogueLITE (a general game design pattern with randomized content).

You both agree on the sentiment & general ideas.

Those are litigation & therefore in an indeterminate state. They have lost recently within Japanese law just this week on their touchscreens.

Also, IANAL. Nothing I say should be considered formal legal advice.

Settled privately, no ruling on patent

Generally speaking, most game mechanics are not copyright-able, not patentable. Game mechanics themselves tend to be treated as base components, as in, like a drum beat or a bass line. It’s rare cases where those are distinct, usually in context (see Vanilla Ice & Under Pressure). Because a beat or bass line can be so basic as a component, it’s considered part of the arrangement and not the composition itself. Video game mechanics can likewise be in this configuration.

For instance, summoning heroes (Nintendo loss) is a mechanic / part of the composition of that game, but the larger video game is a particular arrangement. Specific characters (pikachu) can very much be copyrighted individually, but games themselves are typically less liable for patents / copyright, and so on.

Also, for good measure, since it’s a massive benefit to the freedom of expression. Video games would be a depressing medium if people could capitalize on mechanics like patent trolls.

To be clear, some technologies used in association with video games can be patented, but that’s when a patentable technology is combined with a game, which is much less common in the medium.

Ugh. I did this at night once with mixed up pills. I was up until 6AM.