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879376 Posts in 32976 Topics- by 24363 Members - Latest Member: Renegade_Region

May 23, 2013, 11:20:36 PM
TIGSource ForumsDeveloperBusinessNeed some advices about copyrights, some itune cloner stole my game
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Author Topic: Need some advices about copyrights, some itune cloner stole my game  (Read 1683 times)
Kapser
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« on: April 02, 2012, 09:51:18 PM »

Hi,

I don't have a copyright on my game, but theres a PC/Flash game I made I've been wanting to sell on iphone. The thing is, someone stole my precious and is now selling on itune.

I know you can't copyright an idea, but this guy went a little further. He copy pasted all the levels from the game. It is exactly the same game with different graphics.

... oh and he added watermelons.

His game:
http://www.youtube.com/watch?v=KRafO2ECWSk
My game:
http://www.youtube.com/watch?v=2nHT1x2uCVk

Any advice on what is the simplest thing I should be doing, if I can do anything, would be appreciated. If my game has been release before his on sites like newgrounds, should I still try to buy a copyright?
« Last Edit: April 02, 2012, 10:40:24 PM by Kapser » Logged
PompiPompi
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« Reply #1 on: April 02, 2012, 10:20:30 PM »

I think you can't do much legally. What you can do is...
Make a better game than him on the iphone platform. That means improving your game visually, and gameplay wise to make it superior to his game.
You thought of this idea and he just copied, so you probably can think of better design choices and level design than him.
Another thing is, use it to generate PR.
Make a video comparing his game to your game and make the internet enjoy his sad an pathetic move.
There was this sim city tower game which zynga copied and they made a lot of PR by comparing the two games. I think you can do the same, with some humour and it will work in your favour. Wink

Edit: BTW, where is his game? You seem to miss that link...
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Kapser
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« Reply #2 on: April 02, 2012, 10:40:11 PM »

Thanks, this is some pretty good advice. I might actually state that his game is better, because he added watermelons.

What piss me off, is that I had things slowing me down from releasing this on iphone and he did it before me (mine is just on PC/Flash right now). Now I can't port my game, because I have to completely re-create it and improve it to make it better. Because right now it's basically the same game.

What's sad is not really that he stole my game mechanic. He litteraly took all the levels and copy pasted them into his game.

Btw: sorry for the missing link. Here it is : http://www.youtube.com/watch?v=KRafO2ECWSk
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PompiPompi
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« Reply #3 on: April 02, 2012, 10:43:09 PM »

Thanks, this is some pretty good advice. I might actually state that his game is better, because he added watermelons.

What piss me off, is that I had things slowing me down from releasing this on iphone and he did it before me (mine is just on PC/Flash right now). Now I can't port my game, because I have to completely re-create it and improve it to make it better. Because right now it's basically the same game.

What's sad is not really that he stole my game mechanic. He litteraly took all the levels and copy pasted them into his game.

Btw: sorry for the missing link. Here it is : http://www.youtube.com/watch?v=KRafO2ECWSk
If he literally copied all your levels, you can do a video comparing the two games, showing how you pass the levels side by side... I think that woul make a good point and can generate some PR.
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Kapser
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« Reply #4 on: April 02, 2012, 10:45:48 PM »

Cool, altho I have a little idea, sorry for my ignorance. What does PR stand for? Publicity? Public reaction?
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PompiPompi
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« Reply #5 on: April 02, 2012, 11:47:55 PM »

Hmm, Public Relations, heh...
Practically this kind of video and story can get the web interested in your game. That could mean that maybe your youtube video will get a lot of views. Or someone will cover your story, or basically get the attention of people.
That in turn will translate into interest in your game and then you could leverage that. For instance, your website might get a lot more traffic and it would be easier for you to sell your game.
So it can be a blessing.
But, I am not entirely sure, it's just an idea that might work. I think these kind of things did generate attention and interest in the web before, that is why I am suggesting this.
It might also not have any effect, but I think it's worth a shot...
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Kapser
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« Reply #6 on: April 03, 2012, 12:43:02 AM »

Yep I like the sound of that, thx to see positive in this Tongue
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Tumetsu
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« Reply #7 on: April 03, 2012, 01:15:51 PM »

Perhaps you should ask Apple to take it down since levels are directly ripped off? If that won't help, then  Shrug
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Archibald
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« Reply #8 on: April 03, 2012, 02:49:49 PM »

I think you are mistaking trademark with copyright.
Your game is copyrighted already, all your works are copyrighted without you doing anything or paying anything or registering anything. The mere fact you created something automaticly gave you a copyright which will expire around 70 years after the creation or after death of the creator (depends on country legislation, the details vary). Ideas can't be copyrighted through, as you said, only implementation.

In short, if someone made the same game you did, you cna't do nothing (idea). But if someone has stilen your implementation (like copy/pasted your level design exactly) it is illegal (althrough the exact interpretaion will be in the court hands, if that guy made even slight changes probably he could get away with it). That's for theory, in practice it might be unpractical for you to do something about it.
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NotionGames
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« Reply #9 on: April 04, 2012, 02:50:24 PM »

That sucks that that has happened to you :/
I guess for some, there is not integrity. Some people are out just to steal ideas and to make a profit.

Are you still porting your game to the iOS?
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ZackanThePacman
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« Reply #10 on: April 04, 2012, 04:22:31 PM »

Did you tell Apple? If you have a developer account with them they will listen.

https://www.google.com/search?q=apple+takes+down+clones&ie=utf-8&oe=utf-8&aq=t

What he probably did was decompile your Flash game and change the textures.
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Kapser
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« Reply #11 on: April 05, 2012, 01:43:59 PM »

Archibald: Thanks that's what I wanted to know.

NotionGames : I'm not sure yet if it will be worth the money and effort just to release a game exactly like Airy Jump without online highscores and watermelons... If I don't release this version however I will later release a different version using another developpement tool.

ZackanThePacman: Yes he decompiled the game and I did tell apple, waiting on them to get back to me. I have appledev account although it's expired.

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Evan Balster
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« Reply #12 on: April 06, 2012, 12:04:31 AM »

There's a case for a lawsuit if he copied levels.  So y'know.
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PompiPompi
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« Reply #13 on: April 06, 2012, 12:55:26 AM »

Hmm, I think you should make a video comparing the levels anyway. You need to make Apple's life easier in deciding you really do have a case, instead of assuming they will do this work for you.
I mean, I believe you, but it will help your case if you can just direct people to a video showing the copied levels, then people can see and don't have to just trust you.
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Craig Stern
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« Reply #14 on: April 07, 2012, 02:31:27 PM »

Your game is copyrighted already, all your works are copyrighted without you doing anything or paying anything or registering anything.

This is correct.

Yes he decompiled the game

Code is covered by copyright. If he decompiled your game and ripped the code for his own game, that could constitute copyright infringement in and of itself. Particular level designs, also, go beyond ideas and constitute expression in a fixed medium. I'd pursue it with Apple, as well as finding an attorney to send this fellow a cease and desist letter.
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