The REAL Clone Wars

[Anonymous]

Bizarre Creations has taken intellectual property crackdowns to a whole new level.

Full Story.

Now, the clone game doesn't actually violate copyrights - it contains no code, graphics, or music from the original game. It merely resembles the original game. So that leaves trademarks (are screenshots, then, a mark of trade? Can you trademark a general "look?") or patents (can you patent gameplay? Is Chocobo Dungeon then violating the PacMan patent? And don't you need to file a patent before someone else can violate it?).

Is this just scare tactics to keep more of the gamers and, thus, the money playing the "original" and not cheap or free "knock-offs?" Where will it end?

Please discuss.

 

[BlackStaticWolf]

You know... those are some really interesting questions. I'll answer the only easy ones.

You definitely can't patent general gameplay. Developers take good gameplay ideas from other games all the time. That's why there are non-disclosure agreements on beta tests for games. And yes, you actually have to have a patent pending in order for a patent to be violated.

The other issues are very open to debate. I'm very interested to see how this turns out, because I've never heard of a company suing the creator of a clone before. This might actually be a case of first impression... so it should be really interesting to see what the court says.

 

[Jack Navarre]

Kind've ridiculous...

 

[Kest]

What about sports/racing games? Not a whole lot of difference between titles in that genre, especially the bargain bin ones.

 

[Shun Goku Satsu]

This topic made me think of X-Men and Star Wars...

 

[Norris]

One good thing that can come out of this is that it'll compel more developers towards thinking outside the box. No matter how you look at it, that's a good thing. Diversity is a lacking quality nowadays.

Innovation over imitation is what I’d say.

 

[Fafnir]

Well, unless the game was exactly the same, I don't see how that would be an infringmint. I mean, this stuff happens all the time, with fan games and such, and then there's the whole market itself, which is filled with copies(that's why the controllers all follow a basic formula... Wii not included), that's why all games of certain genres follow a basic formula, racing games have the race to the end, shooting games have... shooting, and roleplaying games have roleplaying. Saying a game is infringing copyright because it's a 2D shooter with a similar graphical style is like a company sueing because another game was made in 3D. It's just stupid.

 

[ryanwh]

This is stupid. If a game basically plays the same but looks different, NO LAW has been broken. Its like knockoff cola, 'generic brand', etc. This is just a lame excuse for their lack of sales, plenty of brands do fine even as they compete with knockoffs and they do that with SUPERIOR QUALITY, not lawsuits.