I can't patent it... there's prior art. (See: Hasbro Scrabble)
'Capablanca Chess' is a chess variant that includes two new pieces (one that moves like a rook and a knight and one that moves like a bishop and a knight). The game was created as a way to avoid the current frequency of draws in chess.
It was never patented.
However 'Gothic Chess' was patented. ( US patent number 6,481,716 on November 19, 2002 ) The games are nearly identical except for the starting position of the pieces.
You could make the argument that it *shouldn't* be patented, but it is and it has much less innovation than Scrabble.
Two points:
1. The patent office gives out game mechanic patents pretty easily. I've seen copies of chess variants with only the switching of piece positions given as new mechanics.
2. You don't think that scrabble meets the criteria of innovation? I see absolutely no prior art that comes close to it and the restricted use and valuation of tiles for letter use is entirely inventive.
But you CAN patent the game mechanics.
That's the only explanation for it starting so badly and ending so strong. It also explains the open plot holes and the characters that randomly appear without resolution later... just justification before.
Brilliant! Good job Stephenson.
"When it comes to humility, I'm the greatest." -- Bullwinkle Moose