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[Kapser]

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:



My game:




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?

[PompiPompi]

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.

Edit: BTW, where is his game? You seem to miss that link...

[Kapser]

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 :

[PompiPompi]

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 :

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.

[Kapser]

Cool, altho I have a little idea, sorry for my ignorance. What does PR stand for? Publicity? Public reaction?

[PompiPompi]

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...

[Kapser]

Yep I like the sound of that, thx to see positive in this

[Tumetsu]

Perhaps you should ask Apple to take it down since levels are directly ripped off? If that won't help, then 

[Chris Koźmik]

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.

[NotionGames]

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?

[ZackanThePacman]

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.

[Kapser]

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.

[Evan Balster]

There's a case for a lawsuit if he copied levels.  So y'know.

[PompiPompi]

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.

[Craig Stern]

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.

[moi]

flash has become so much of a cloning risk nowadays that I wouldn't recomend using it (although it's still the best multiplatform language)

[Blademasterbobo]

it's still a great platform, but if you intend to release on anything else, you should release on them simultaneously. otherwise, if it's a good game, you will be ripped off.

[RAMINATION]

I checked it out and thought at first that it's not a real clone. Then I noticed that the level was 1-7 in his game, so I looked at your game's level 7 which was exactly the same as in his game. There were lots of things that can't be explained by coincidence.

The next level however seems to be different (unless in your video it skips to a later part of the game).


I've played some game like this before so the concept isn't entirely original in itself. Perhaps it had different mechanics though. But even so, your game has its own level design and cloning that is absolutely wrong. Hell, even Giana Sisters' level design wasn't as much cloned from Mario as this Airy Jump is cloned from Hops.

[Mittens]

Wow, that is a pretty shameless clone  

unfortunately it seems pretty common on the app store, with game like 'vegetable samurai' and 'forest run' making the top sellers, apple clearly don't care.
The only thing I take comfort in knowing is the fact that they had to steal an idea, which means they are completely incapable of competing with you on a creative/artistic level, so you should always be able to show up the clones by adding in more of your personal creativity that they can't generate on their own. (except this time keep is secret, keep it safe  )

[Kapser]

Couldn't really keep the idea secret as it was already a remake of my own PC game 'saut'. However it seem that flash games are a target of decompilers. 

I finally got an anwser from apple saying that they contacted Fino Soft, which just released a new HD ipad version of the game 2 days ago. These guys have absolutely no respect.

He just ignore my and apple's email and his response is : let's release an HD version. Wow