Deer Hunter Dev Sues Over "Ripped-Off" Game Mechanics

[MovieBob]

Deer Hunter Dev Sues Over "Ripped-Off" Game Mechanics

Mobile developer alleges competitor stole multiple gameplay mechanics and design elements for their own title

Mobile games are released so rapidly and respond so organically to market trends that many gamers and industry watchers have stopped so much as batting an eye when Hothead Games' [http://www.escapistmagazine.com/news/view/131637-Candy-Crush-Studio-Denies-Cloning-Games-Pulls-Cloned-Game] recently crossed the line from imitation to copyright infringement - and now they're taking them to court.

Deer Hunter 2014. [http://venturebeat.com/2014/11/05/glu-mobile-sues-hothead-games-over-alleged-deer-hunter-2014-ripoff-kill-shot/] According to Glu's president of publishing, Chris Akhavan, even his company's mistakes - like a a miscategorized rifle - have been "ripped off" by their competitor. They're also claiming "trade dress infringement," i.e. copying a games appearance to confuse consumers.

At this time, the developer is only alleging a "reskinning" of their game, and have not yet determined whether the source code was copied directly. Glu is being represented in the lawsuit by Jennifer Lloyd Kelly, who represented Candy Crush Saga's King in a similar suit in 2013. "We have never initiated a lawsuit like this, and have never seen anything on this scale. We are also puzzled why they chose to go this route. It's shocking how they went about it," Ahkavan says.

Hothead Games has not yet commented on the lawsuit.


Source: Venture Beat [http://venturebeat.com/2014/11/05/glu-mobile-sues-hothead-games-over-alleged-deer-hunter-2014-ripoff-kill-shot/]

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[Abomination]

I have zero interest in either game but the situation bares investigation for the potential precedent it may set.

I hope you can keep us posted as to the developments of this case.

 

[josemlopes]

Did he forget the memo that he was in the mobile game industry

 

[Alexander Kirby]

This aspect of the mobile industry always sickened me. Sure, there's plenty of copying and bandwagon-jumping in most other industries, but in mobile games it always seems to be more extreme. Just look at Flappy Bird.

 

[JMac85]

This aspect of the mobile industry always sickened me. Sure, there's plenty of copying and bandwagon-jumping in most other industries, but in mobile games it always seems to be more extreme. Just look at Flappy Bird.

Seriously, everyone knows the smart thing to do is rip something off from Armor Games. They can't afford lawyers.

 

[FalloutJack]

This aspect of the mobile industry always sickened me. Sure, there's plenty of copying and bandwagon-jumping in most other industries, but in mobile games it always seems to be more extreme. Just look at Flappy Bird.

Seriously, everyone knows the smart thing to do is rip something off from Armor Games. They can't afford lawyers.

Heh, Angry Birds, anyone? They DID do that, after all. And they made a mint, doing it.

 

[Petromir]

You can't patent game mechanics...by themselves. So unless the source code is copied or the graphical or sound assets. They have no case.

Not a patent dispute, a copyright dispute. BIG difference. Also a trade dress dispute, again in legal terms very different.

 

[SmugFrog]

Did he forget the memo that he was in the mobile game industry

Awesome. It pisses me off to see all that on the app store. So many clones; and what's worse is when they copy assets/art from other games without care or retribution. Especially when you have a small team with good gameplay ideas (even if the ideas are from old PC games, it's something "new" on a mobile device).

I remember the Tiny Tower fiasco Nimblebit had with Zynga:

Spoiler: Dream Heights vs Tiny Tower Comparison Picture

 

[Areloch]

Did he forget the memo that he was in the mobile game industry

Awesome. It pisses me off to see all that on the app store. So many clones; and what's worse is when they copy assets/art from other games without care or retribution. Especially when you have a small team with good gameplay ideas (even if the ideas are from old PC games, it's something "new" on a mobile device).

I remember the Tiny Tower fiasco Nimblebit had with Zynga:

Spoiler: Dream Heights vs Tiny Tower Comparison Picture

Indeed, this is rather reminiscent of the Tiny Tower/Dream Heights fiasco.

However, I think one of the major catches to this one is the mention of even one of the mistakes in their game was 'faithfully' replicated in the copying product. This tends to be known as a canary trap, albeit in this case an accidental one.

Intentionally have minor elements modified, out of place, etc so that if it is copied, you know it. That is much easier to prove in a legal sense of blatant plagiarism than just pointing at a shooting game and saying "They copied us".

 

[Aesir23]

Deer Hunter 2014? I thought that franchise kicked the bucket in 2005.

*reads the article*

Oh, it's an app.

Anyway, like someone else said, I don't think you can copyright game mechanics. Otherwise I doubt we'd see so many games with, well, similar game mechanics. If they want to complain about another game where it boils down to "point and shoot" then I'll be waiting while they organize a lawsuit against all of those shooter arcade games from my childhood.

 

[MLM]

A recent preliminary decision in a boardgames case helps point where the law really is with these cases at the moment (like the complexity of "can you copyright game mechanics?"), and this post runs down the important bits as well as links to the case itself:

http://ncgeeklaw.com/copyright-and-games-is-the-law-changing/

Most of the cases cited by the judge are in the videogame industry, and the most recent is the Spry Fox one. Worth a look if you want a good idea of how the law works here.

 

[Bindal]

Deer Hunter 2014? I thought that franchise kicked the bucket in 2005.

*reads the article*

Oh, it's an app.

Anyway, like someone else said, I don't think you can copyright game mechanics. Otherwise I doubt we'd see so many games with, well, similar game mechanics. If they want to complain about another game where it boils down to "point and shoot" then I'll be waiting while they organize a lawsuit against all of those shooter arcade games from my childhood.

You apparently didn't read the entire article as the other game didn't just copy the mechanics - it copied EVERYTHING (including one obvious error). It apparently only replaced the "maps" and the deers.

 

[Aesir23]

Deer Hunter 2014? I thought that franchise kicked the bucket in 2005.

*reads the article*

Oh, it's an app.

Anyway, like someone else said, I don't think you can copyright game mechanics. Otherwise I doubt we'd see so many games with, well, similar game mechanics. If they want to complain about another game where it boils down to "point and shoot" then I'll be waiting while they organize a lawsuit against all of those shooter arcade games from my childhood.

You apparently didn't read the entire article as the other game didn't just copy the mechanics - it copied EVERYTHING (including one obvious error). It apparently only replaced the "maps" and the deers.

No, I read that bit as well but it's not exactly remarkable. I've seen a couple of games around (not made by Glu) that practically did the same thing minus the mistake.

However, the fact that they did also copy a mistake does make it an incredibly damning case against Hothead Games.

 

[RandV80]

But imagine all the new work you could make for lawyers if you could copyright game mechanics!

 

[Kyber]

Deer Hunter 2014? I thought that franchise kicked the bucket in 2005.

*reads the article*

Oh, it's an app.

Anyway, like someone else said, I don't think you can copyright game mechanics. Otherwise I doubt we'd see so many games with, well, similar game mechanics. If they want to complain about another game where it boils down to "point and shoot" then I'll be waiting while they organize a lawsuit against all of those shooter arcade games from my childhood.

I'm sad it's an app, I was kind of excited upon reading this because I thought there was an actual Deer Hunter 2014 game, I remember playing Deer Hunter 2004 with my brother back in the day.

On topic, mobile gaming industry is based on ctrl+c, no one should be surprised.

 

[octafish]

Kill Shot even copies the drunken sing-a-long of "Can't Take My Eyes Off of You" after the wedding.
Diddy Mao!

 

[Infernal Lawyer]

HAH. Oh, deer (pun intended), those idiots are really in for it.