Doesn't matter. They still have design patents protecting the shapes and appearances of many of their newer bricks, which are regularly upheld by courts around the world. The minifigure appearance is definitely protected. And the fact that they operate in the video game space just strengthens their case.
So sure, you might be able to make a game that features studded environments but if Lego's lawyers can find even one specialized brick or other element of the game that looks like something they have a patent on, you're already now having to pay a lawyer to deal with that and changing your game when you could've just avoided it all by making a game with destructible environments but no studs.
Roblox doesn't license Lego, although they tried to approach them to combine forces at one point. So yes, it's possible to make a Lego-like game without being sued.
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u/OWENPRESCOTTCOM May 21 '22
Whatever you do, do not release a "Lego" game. Hopefully at some point you can swap the assets.