Games & Names #7 - How To Protect Your Game!

Stan’s Dispatch ??

Hey there, Digital Quirites! Stan is here, with yet another issue of our insightful and warming newsletter. This episode is all about...legal stuff. But wait a sec! Before you start yawning and reaching for your phone, check the insights and findings we did.

Unbelievable legal cases, stories of patent trolls, legal steps needed for a new gaming company - this and much more are included in this issue. So buckle up, grab your favourite cup, and let's go!

Mobile Apps Market Tidbits ??

In the gaming world, protecting your creation is key—especially if a copycat game starts raking in more cash than your original. Today, let's dive into the legal safeguards at your disposal and how intellectual property laws have your back.

Intellectual property laws unite the gaming industry globally, much like film and other arts. With international agreements like the Berne Convention, creators in over 180 countries use copyrights, trademarks, and patents to safeguard their work. But let's take it step by step.

Wow-wow, lots of smart words. Copyright and patent - what's the difference?

Aha, makes sense. So why do I need a patent if copyright works automatically? Seems like it's enough!

While copyright protects original works, it's not foolproof against imitation. If a larger company tweaks elements of your mobile game, such as a character's appearance or a line of code, and the result is significantly different from the original, copyright may not offer much recourse.

Notably, in the hyper-casual game genre, where rapid development and similar concepts are common, it's challenging to determine outright copying.

Nevertheless, there have been cases, like Voodoo's, where companies successfully argued against copycats not on copyright infringement but on the grounds of unfair competition, claiming their game's unique idea was unlawfully appropriated.

Hold on. Can I patent a game mechanic? Or a new controller? What can and can’t be patented?

Can:

1. Innovative game mechanics - a new way of interacting with the game or a unique system that significantly alters gameplay.
2. Game design systems - complex systems that involve the interaction of multiple mechanics (like the Nemesis system from Middle-earth: Shadow of Mordor).
3. Technological innovations - new technologies developed for the game, such as a unique rendering process or physics engine.
4. User interface (UI) innovations - original methods for player interaction with the game through the UI that offer a new user experience.

Сan’t:

1. Game concepts and ideas - the general idea or concept of the game, such as "a game where you jump over obstacles" or "a racing game" (we see you there, Nintendo!)
2. Standard game mechanics - common gameplay elements used across multiple games, such as point-scoring, level progression, etc.
3. Art style and assets - visuals, character designs, and artistic expressions are typically not patentable but are protected by copyright.
4. Game plots and themes - narrative elements, storylines, and thematic concepts are not patentable.

Hmm. Why do I need to patent my game mechanics in the first place?

1. Avoiding infringement. Companies patent their games to ensure they do not infringe on existing patents, which is a significant concern for large companies operating in markets like the U.S. where infringement can lead to costly compensations.
2. Defense against patent trolls. Patents act as a protective measure against patent trolls who may target big companies, claiming infringement to extract settlements or damages.
3. Legal safeguarding. Holding patents is a defensive strategy, not necessarily to pursue others but to protect against unwarranted lawsuits from competitors and to avoid legal disputes.
4. Intellectual property clarity. Patents provide clarity and ownership over a company's creations, which is essential in the gaming industry where many similar ideas may exist.
5. Strategic asset. A strong patent portfolio showcases a company's innovation and can deter potential legal actions from others in the industry.
6. Market dominance. Companies like Warner Brothers or Nintendo patent their games to maintain control over their creative output and to assert their dominance in the industry as major players.
7. Innovation recognition. Patents recognize and validate a company's creative and technological advancements, reinforcing their status as innovators.

As a small studio, what legal aspects should we focus on initially?

Author's Vertical ???

For this issue, I decided to come up with more legal cases that really grabbed my attention. So here we go!

??? It's possible to sue someone for copying your hypercasual game (Woodturning vs. Wood Shop case)

Yes, you've heard it right. In 2020, Voodoo successfully sued a company over the plagiarism of their hypercasual game. What is even more interesting, the company being sued was...Zynga-owned! Never thought this precedent could exist, and yet here we are.

?? You can literally copy a game and then try suing your competitor (Gossip Harbor vs. Love & Pies case)

Gossip Harbor, a game by Microfun Limited, was released a year after Love & Pies, a wonderful game by Trailmix, blatantly copying most of its mechanics. However, due to deeper monetization, well-developed Live Ops, and aggressive marketing campaigns, Gossip Harbor quickly became a hit. And overcame the original.

But guess what, after that, GP developers filed a lawsuit against Trailmix. It's not a joke, the main documents can be found online.

?? Sometimes you can sue not just your competitor, but also the stores (Ubisoft vs. AppStore & Google Play case)

A couple of years ago, Ubisoft not just filed a suit against Area F2, a Rainbow Six: Siege mobile clone, but also against AppStore and Google Play for accomplices. Reason? This way, the game was removed from the stores much quicker, in a matter of days. Otherwise, it could have been months before the game (earning a pretty good buck!) was removed. Scratch, time rewind. In August this year, Ubisoft released its mobile version of Rainbow Six. Doesn't look like a coincidence at all!

Reading recommendations ??

I've decided to add a bit more to this week's legal drop and suggest a couple of additional articles for you to delve into:

1. Roblox reached $7B in user spending - Explore the dynamics of Roblox's revenue and downloads, its stock market performance, and the strategies the company employed to navigate challenges.
2. Plarium's User Spending Hits New Heights at $3B - The AppMagic team is closely examining Plarium's performance, concentrating on its top apps, key regions, and any surprising developments associated with them.

Smarter every day ??

Don't forget to catch up with 'Games & Names' newest episodes:

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In an informal 'friday-dinner-with-friends' atmosphere, we chat with industry experts and share actionable insights. Game design, UA marketing, narrative, production, running a company, or creating one – our topics are wide and broad, just as our smiles. So grab a cup of tea or coffee, tune in, and spend an hour with us!

Acknowledgments and farewells ??

Many thanks to you, dear reader, for staying with me until this part - I hope it was worth your time! :)

Also, grand merci to everyone who participated in the creation of the content:

• Alina Davletshina, Head of Digital at FUTURA
• Alexandra Kurdyumova, Senior Partner at Versus.legal
• Diana Levintova, PR & Partnership Manager at AppMagic

One more thing! ??

We’re really curious about your feedback. So don’t forget to like, share, and tell us what you think in the comments! Good luck and have fun ??