I am wondering where is that thin line where you release some game with similar gameplay to some already existing game and getting sued. As we all know usually games are similar to eachother in gameplay, but i am curious if you create game with 90% similar gameplay and copletly your own graphic design, would you be sued?
Not that i am making anything like it i am just curious. Does anyone knows maybe some examples?
If you pretty much had the same gameplay but with different levels, graphics, etc, you would not get sued.
Gameloft does it all the time. They basicly re create good games into mobile games. Tons of games just
take existing ideas and tack on a new coat of paint.
Similar gameplay, you’re probably fine so long as you’re not using copyrighted code. Graphics, same deal.
Of course, if it’s too similar people are going to start to dislike the game and company for blatant ripping-off.
It’s when you start naming similar games similar names or stepping on the toes of IP that lawyers start to get involved.
lol my opinion on gameloft. and the rip offs arent even fun dang it. (imho)
the appstore gets this a lot, i could probably find the most rip offs of doodle jump (or papi jump, although it wasnt nearly as successful).
also gameplay gets copied a lot. flight control started the line drawing genre, and after fruit ninja there are a lot of slicing games. theres too many examples to list here and more i dont know about.
a good example I think would be Minecraft:
Fortress Craft, Total Miner, Eden for Ipod…
the thing is, they don’t even try to be original, they are not trying to make their own game. They are trying to rip off Minecraft, because it is good and makes money
Games aren’t the only industry you see this kind of behavior.
^^ cough Blair witch project cough
If its obviously close, it probably fine so long as it isn’t popular and it isn’t being sold. But even if it is free, if it gets popular, you will receive a cease and desist (may be worse, but that is very unlikely from any respectable business). But if you ask permission beforehand and get it, all is fine…
But don’t take my advice, or anyone else here. See a lawyer.
Incorrect.
Game mechanics are not copy protected. If it were, gameloft would be out of business. Using the settings, characters, names or universe without permission will get you in trouble. Copying gameplay will not.
My mistake… This is just proving you should not take legal advice on a game development forum.
No mistake, gameplay for the most part is not prohibited. The Devil is in the details. Make your game “same but different” and you are A-OK.
Fine, my lack of detail on my explanation… ARGH.
They are however, patentable. See the lawsuit between sega and fox interactive over the crazy taxi/simpsons road rage controversy.
It was settled out of court for an undisclosed amount, but the fact that it even happened is alarming.
GUI is also not copyright under EU law. Obviously the images are, so if you looked virtually the same, then you would be subject to legal action. But GUI in the form of having say, dual stick controls or a heart shape that emptied to indicate health, all those things can’t be copyrighted.
The author of minecraft probably does have some legal action he can take for the clones, because in this case, they are identical rip offs, however I’m not sure he figures he’ll make more money than he will lose on legal fees.
But some GUI methods are copyrightable.
See: Apple CoverFlow nonsense.
He also may not care, since he’s publicly stated that when he’s done developing it, he intends to make it free and open source.
They are in USA, but not EU (hippocoder was talking about EU.)
The US is kind of a big market to miss out on because your GUI breaks US copyright law…