[casual_games] Copycats -- What Can Be Done?

[Kenton White]

I've found PatentArcade (http://www.patentarcade.com/) a funny, interesting
read on this subject.  While not exactly the answer to your questions, this
web site has a breadth of well researched cases dealing with intellectual
property rights in video games.  Many of them deal directly with the issue
of copycats:  Midway v. Dirkschneider, Atari v. Amusement World, Atari v.
North American Phillips Consumer Electronics, Magnavox v. Activision,
Universal v. Nintendo (not so relevant but classic - Universal claimed
Donkey Kong infringed on King Kong!), Data East v. Epyx, Capcom v. Data
East, Interactive v. NTN. 

 

All of these show examples of legal steps taken against people copying a
game, the outcome of the action, and the legal theory which the decision was
based on.  

 

Kenton

 

  _____  

From: casual_games-bounces at igda.org [mailto:casual_games-bounces at igda.org]
On Behalf Of Jim Stern
Sent: Thursday, April 27, 2006 7:04 PM
To: casual_games at igda.org
Subject: [casual_games] Copycats -- What Can Be Done?

 

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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