If you mean to "*make a game with the same game rules and logic, but with new code & new graphics*", then yes, you can. Copyright protects an expression of an idea, but not the idea itself. In the context of game development, an *idea* can be tic-tac-toe game. I write a webpage with JavaScript to play the game, that is my *expression*. You cannot reproduce my webpage without my consent, but you are free to code an exact replica of the game say, in iOS. To prevent someone from making a game with the exact (or very similar) rules, you'd need a patent. One famous games which is patented is "[Monopoly][1]" (they got the name right!) There is a reason why you see people making many Reversi, Sudoku, Tic-Tac-Toe etc implementations. [1]: https://en.wikipedia.org/wiki/Monopoly_(game)