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TIGSource ForumsPlayerGamesblatant clone of a nifflas game on the iphone
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Author Topic: blatant clone of a nifflas game on the iphone  (Read 46349 times)
team_q
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« Reply #40 on: January 27, 2010, 09:02:33 AM »

I think  this is fine.

Here are some reasons:

1. They are only superficially similar. They have a similar art style and a similar game-play style. But Nightgame, based on that trailer, has deeper game-play puzzles, a more varied art style and environments and 'vehicles'.

2. Two similar games with similar puzzles means I get more puzzles, when I buy both. It isn't like buying one prevents you from getting the other.

3. They are on 2 different platforms. they aren't even competing in the same place.

This isn't like that other time when the guy re-released the same game with the same art-style and the same puzzles. These are different games, in every way but 2.

Not that it makes it right, but outright copying happens EVERYWHERE, even in scientific research. I've heard stories of prominent people in fields anonymously denying publication in journals so that they can publish the research as their own. This happens frequently and blatantly.
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Dirty Rectangles

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« Reply #41 on: January 27, 2010, 09:03:44 AM »

I guess that's a lesson in not showing your work too early?

I'd like to point out that a bit of copying is necessary for the industry to survive.  On the other hand, this is pretty blatant - that video pretty much sealed it for me.

What a shame...

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nikki
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« Reply #42 on: January 27, 2010, 09:22:59 AM »

completely ripped, but do you believe a lawyer could make a case ?
hasnt got much to do with copyrights,trademark or infringements as far as i can tell..

it's just how culture works i think.
you have the early birds, after that the ones who make the  Hand Money Right, then the followers.
nifflas better hurry or he'll be the copycat in mainstreams mind.

atleast now ive heard of nightsky.

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team_q
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« Reply #43 on: January 27, 2010, 09:45:59 AM »

This is like saying Equilibrium is a blatant clone of the Matrix.

EDIT: After only watching the teaser trailers.
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Dirty Rectangles

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« Reply #44 on: January 27, 2010, 11:26:42 AM »

Also: The respawning thing. Night Sky doesn't seem to do the respawning thing.

Hey Eric, you can take over for me. This topic is too much of a pain to try and deal with.
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Craig Stern
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« Reply #45 on: January 27, 2010, 12:00:42 PM »

completely ripped, but do you believe a lawyer could make a case ?
hasnt got much to do with copyrights,trademark or infringements as far as i can tell...

Oh, this has everything to do with copyrights! As a plaintiff suing for copyright infringment in the United States, you have to prove two things by a preponderance of the evidence: (1) the defendant copied your work; and (2) the works at issue are substantially similar to one another. Bearing in mind that I don't know all the facts, it seems to me that Nicalis could at least have a colorable claim here, to say nothing of actually winning in court.
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« Reply #46 on: January 27, 2010, 12:03:58 PM »

A lawyer could always make a case, the problem is wether it's winnable or not, but that's not his problem.
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mirosurabu
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« Reply #47 on: January 27, 2010, 12:25:44 PM »

I think that the most important thing to prove is that the Trundle developers heard of Night Sky before or during the development of Trundle.
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deathtotheweird
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« Reply #48 on: January 27, 2010, 01:11:27 PM »

Which would be an incredibly difficult thing to do unless they admitted it. I don't know how difficult suing them would be, I was just thinking they could at least attempt to get it pulled from the App Store.
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Christian Knudsen
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« Reply #49 on: January 27, 2010, 02:16:22 PM »

It's a shitty thing that they drew so much "inspiration" from Night Sky, but it'd be an equally shitty thing to try to get it pulled from the app store. It's not the exact same game.
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team_q
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« Reply #50 on: January 27, 2010, 02:30:10 PM »

that and it's free.
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« Reply #51 on: January 27, 2010, 03:29:31 PM »

I think that the most important thing to prove is that the Trundle developers heard of Night Sky before or during the development of Trundle.

That's just the first element; you have to prove both to win. Luckily, though, you don't need a taped confession in order to prove that someone's been exposed to your work in the past. Circumstantial evidence counts. So courts have found copying even where the defendant says, in all honesty, that he doesn't remember having seen or heard the work. If he unconsciously picked up on something and copied it by accident, that's enough to satisfy the copying element. There's a term for this: innocent infringement. If I remember correctly, in those cases, you can usually get an injunction, but no damages.
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LazyWaffle
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« Reply #52 on: January 27, 2010, 04:16:37 PM »

Wow. That's really rude. You do realize that Seumas McNally winners frequent these boards, right?
Chill, not being serious.
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Craig Stern
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« Reply #53 on: January 27, 2010, 05:50:59 PM »

Oh, okay. Sorry--it's hard to tell sometimes with people on the forums. Embarrassed
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« Reply #54 on: January 27, 2010, 06:13:32 PM »

To the people defending the game on the astronomical odds that this could have happened coincidentally and without prior knowledge of Night Sky, I'll say it is indeed possible but is it probable for:


1) the game to use similar silhouette style graphics?

2) the game to use similar ambient style music?

and

3) the game to employ similar gameplay mechanics?


No, that is just silly. I would have a harder time dismissing this if the game had only employed one, maybe two of these at the most by "chance", but to have all of these same elements just screams rip off.

An extremely blatant one at that.
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« Reply #55 on: January 27, 2010, 06:20:24 PM »

Except that the game mechanics appear to be noticeably different.
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skaldicpoet9
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« Reply #56 on: January 27, 2010, 06:23:34 PM »

Except that the game mechanics appear to be noticeably different.

The mechanics might be slightly different but I don't think that they are distinct enough to say that they weren't "inspired" by Night Sky. Hell, I could make a Mario clone where Mario shoots lasers out of his arse and the mechanics would be different.
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« Reply #57 on: January 27, 2010, 06:29:43 PM »

It's not just the graphical style and gameplay in general which are similar, but especially the details. The glow inside the ball which rotates along with it, the twirly plants, the way the grass looks and moves, the blue/orange gradient background, etc. The kind of objects placed in the levels, the windmill, notably the "vehicles", and more.
If anything, a lot of details are surprisingly close to Night Sky. So much so that I think it's most unlikely that it wasn't the main inspiration.
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« Reply #58 on: January 27, 2010, 06:36:35 PM »

Yeah, it may be the inspiration. He did indeed point out that Night Sky looked "amazing". So okay, let's look at it from your angle. So maybe he did rip it off. There's still no problem. He's in an entirely different market, there's some very obvious differences, the pricing is different, the levels are different... seems like there's a lot of differences. I don't see why, even if they are similar, they can't coexist.

But hey, while we're at it, we should all band together against The Underside! How dare he make a game that's like Cave Story!
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« Reply #59 on: January 27, 2010, 06:43:52 PM »

Who's to say it's not the other way around?  Who, Me?
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