Topic: IP infringement in mobile games

[tendoboy1984]

Why is it so easy for developers to sell clone games (a game that infringes on IP) on mobile app stores? The approval process at Apple and Google should be more stringent so this sort of thing doesn't happen. You'd never see a game like Flappy Bird (or those Pokedex apps) on Steam, PlayStation, or Xbox.

Even Windows Phone is guilty of having clone games, even though Microsoft would never let this happen on Xbox.

[BranDonk Kong]

Why wouldn't you see a game like Flappy Bird on those systems? Does Nintendo hold a copyright on pipes? Please explain what IP Flappy Bird is infringing upon.


3D Dot Game Heroes is 90% Zelda and 10% Legos...it was on PS3.


Now, of course there is a ton of IP infringement on mobile games...but Flappy Bird is a pretty terrible example, unless you're talking about all of the Flappy Bird clones.

[tendoboy1984]

The point is, Apple and Google don't seem to care until the developer is hit with a cease & desist order.

Sony and Nintendo, on the other hand, enforce strict quality control so the problem doesn't happen in the first place.

[lolmonade]

My guess is that so many games are released on the mobile store that it would be too daunting a task for them to track down & unlist every game that isn't a blatant rip-off.  Maybe they rely on the IP owners to submit a request prior to unlisting a game or app.

[UncleBob]

Money.

They get a percentage of every sell and there's virtually no downside because they act swiftly when they're told to take them down so no one wants to try and go after Google/Apple for infringement (and to be honest, I doubt they could).

[BranDonk Kong]

Considering there are hundreds of thousands of games on iOS and Android, compared to hundreds on DS and...dozens on Wii U, I think your question answers itself.

I still don't get why you mention Flappy Bird though.

[NWR_insanolord]

Apple/Google/whoever don't have the resources to check the tens of thousands of apps they host for copyright infringement. Also, the courts have ruled that for a game to be infringing it has to be incredibly similar, far more than most anything on those platforms.

[tendoboy1984]

Don't mobile developers have to present their games to Apple / Google before they get approved for distribution?

Why are Sony / Nintendo more diligent with game approval than Apple / Google?

[Oblivion]

You ask more questions than a six year old.

[lolmonade]

You ask more questions than a six year old.

That's a bit unnecessary.  He's not being disrespectful in his questioning, why provoke like that?

[NWR_insanolord]

Why are Sony / Nintendo more diligent with game approval than Apple / Google?

Because they can afford to be, because they don't get anywhere near as many submissions.

[ejamer]

Money.

They get a percentage of every sell and there's virtually no downside because they act swiftly when they're told to take them down so no one wants to try and go after Google/Apple for infringement (and to be honest, I doubt they could).

This is what it comes down to, in my opinion.  Apple and Google want to push as much content out as possible, with as little direct (non-automated) oversight as possible because it's profitable for them to do so.


They know there is a large amount of IP infringement, but they don't care. As long as they comply with any take-down requests in a timely fashion then there is no incentive for them to limit or restrict what is getting released with respect to IP infringement. If anyone does try to change their approach, well... Apple and Google have some of the best legal teams on the planet and more than enough resources to back them up.


I've always wondered what happens to the money generated by these cases of clear IP infringement. My understanding was that Apple prevents money from reaching the offending developers - but have never heard exactly what they do with the proceeds. Do platform holders send some/all of the money to the rightful IP holders in these cases? Pocket the payments? The cynic in me has a guess, but it's not backed up by any real knowledge.

[azeke]

I've always wondered what happens to the money generated by these cases of clear IP infringement.

There was one person who flooded digital store with hundreds reskins of the endless jumper.

Each reskin was an obvious infringement with sprites directly taken from the game or promo materials (call of duty guy jumping on green thingies from MW3, silliness like that).

If that wasn't profitable -- people wouldn't do it.

[pokepal148]

[BranDonk Kong]

TL;DW

[nickmitch]

TL;DW

[NWR_insanolord]

The reluctance to go through rigorous testing isn't just about making profit off those apps; Apple used to go more in depth with their testing and they loosened it because developers were pissed about the process taking too long and resulting in unnecessary rejections.

[Oblivion]

You ask more questions than a six year old.

That's a bit unnecessary.  He's not being disrespectful in his questioning, why provoke like that?

Because for like the 50th time, there is a goddamn thread for questions like these, and nobody seems to remember that.  He shouldn't make a new thread every time a question pops in his head.

At the very least, can we make a thread specifically for HIS questions? This is a serious suggestion.

[UncleBob]

No.  And there's no need to be a jerk about it.

Dude has questions and this is a message board for discussing things.  If you don't like his threads, then don't click on them.

[lolmonade]

You ask more questions than a six year old.

That's a bit unnecessary.  He's not being disrespectful in his questioning, why provoke like that?

Because for like the 50th time, there is a goddamn thread for questions like these, and nobody seems to remember that.  He shouldn't make a new thread every time a question pops in his head.

At the very least, can we make a thread specifically for HIS questions? This is a serious suggestion.

Yes, there is an old thread for "random questions that don't deserve their own thread", but i'd argue:
 
1)  It's not enough of a faux pas to warrant getting so upset about if they're not posted there, and
2)  The NWR forums aren't so active that a thread here is going to push down a thread with substantive conversation.
 
There have been cases where tendoboy posted several threads at a time with simple questions, but in this case, it has been contained to one thread anyway. 
 
I just think being respectful of others outside of the funhouse isn't that hard of a thing to ask.  Cmon, Oblivion, this isn't something that warrants being so antagonistic about.