[casual_games] Copycats -- What Can Be Done?

[Lee Crawford]

There are several axes to consider here, the legal, the moral and the
capitalistic side of the equation. I don't think there's a 'fix' for what
your talking about.

On the legal side the copyright protects the expression of an idea but not
the core idea. A complete rip-off (e.g., Dyner Dash) you could pursue in
court but with a few variations in theme, nouns, etc. and you've got a
separate expression of what might simply be shown to be a similar idea.
Conventional wisdom holds that a 10% difference is 'safe ground'.

On the moral side I tend to agree with you; i'd personally like to see more
new, novel game designs instead of some much consistency. With a low
innovation threshold you run the risk of over-dosing your customers and
losing you audience. But, on the other hand, people who like a given game
model appear to appreciate the variety (with spending as an indicator).

I can't imagine any sort of coercive force the would lead customers to not
buy similar games, distributors to not distribute those games, publishers to
not fund and market those games, etc. How would you even make a clear
determination; it's all lines in the sand.

   - was Cake Mania a clone of Wild West Wendy or Diner Dash or ...
   - what if Wild West Wendy seemed like a Diner Dash clone because it
   came out after but they really started development first
   - could the two simply be coincidence?
   - Diner Dash clearly spawned a new flurry of games but didn't it
   borrow from Betty's Beer Bar or the arcade classic (Root Beer) Tapper.
   - etc.

Finally, the biggest problem is capitalistic. These games sell; all of them.
People who bought Diner Dash are obviously also buying Cake Mania and
they're enjoying them both. Customers are buying,
distributors/publishers/developers are all making money, etc.

--lee

On 4/27/06, Jim Stern <jstern at iwin.com> wrote:
>
>  I know there have been quite a few discussions in the past about
> developers and publishers being frustrated with all the cloning that is
> being done in games.  In some cases, the new games are clearly an
> improvement from their predecessors, and they can help to push the bar
> toward higher quality games.  In other cases, they literally are mimicking
> the same UI, layouts, game play, and art style.  I would like to know if
> anyone has information on:
>
>
>
> 1)       Legal steps that can be done to thwart this kind of activity
> (whether certain parts of the game are copyrightable or if there is legal
> precedence to get the offending party to cease and desist), and
>
> 2)       Whether people are taking a stand against working with developers
> who are clearly violating the rights of those who developed the original
> idea
>
>
>
> Thanks.
>
>
>
> Jim Stern
>
> iWin, Inc.
>
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>
>
>


--
--
Lee Crawford
yim: lee_crawford
m: (415) 608-9271
o: (408) 349-5191
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