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Treading the Fuzzy Line Between Game Cloning and Theft

Posted by Soulskill on from the welcome-to-the-world-of-policeactioncraft dept.

eldavojohn writes "Ars analyzes some knockoffs and near-knockoffs in the gaming world that led to problems with the original developers. Jenova Chen, creator of Flower and flOw, discusses how he feels about the clones made of his games. Chen reveals his true feelings about the takedown of Aquatica (a flOw knockoff): 'What bothers me the most is that because of my own overreaction, I might have created a lot of inconvenience to the creator of Aquatica and interrupted his game-making. He is clearly talented, and certainly a fan of flOw. I hope he can continue creating video games, but with his own design.' The article also notes the apparent similarities between Zynga's Cafe World and Playfish's Restaurant City (the two most popular Facebook games). Is that cloning or theft? Should clones be welcomed or abhorred?"

3 of 235 comments (clear)

  1. Re:Sometimes clones surpass the original by Anonymous Coward · · Score: 5, Insightful

    ...and Starcraft is a clone of Warhammer 40,000, the sci-fi version of Warhammer Fantasy Battles. Blizzard rips off Games Workshop again. Zerg = Tyranids, Terrans = The Imperium of Man, Protoss = Eldar...

  2. It's copyright infringement, not theft! by Anita+Coney · · Score: 5, Insightful

    First, it's copyright infringement, not theft. And no one can "steal" your idea because ideas cannot be owned.

    Second, it's infringement if he infringed on your code, art work, or music. If not, it's not infringement.

     

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  3. Clones should be welcomed by rcastro0 · · Score: 5, Insightful

    "Is that cloning or theft? Should clones be welcomed or abhorred?"

    Easy. Clones should be welcomed.

    1) They put innovation pressure on the original, benefiting everybody.
    2) They put price pressure on the original, benefiting everybody.
    3) They may create a better platform, a better product than the original, benefiting everybody.

    Everybody wins. Except when you look at the motivation to create original products in the first place. Will the clones lower the reward and make it less beneficial to be original?

    Hardly.

    1) A truly original and inovative product will take some time to clone -- there will be a lead, in which user base/fan base/multiplayer communities should create critical mass.
    2) Playing it right, the original *will* have goodwill. In other words, all things being fairly equal, people will likely stay with the original.
    3) Originality is a scale, not a binary concept. Games are more or less original. Per (2) above, clones will need to compete in originality just like their inspiration did. When each clone out of many tries to be a little more original than the next, they may arrive at a quite original game, per Darwin. This could happen even though they started off at a lower plateau of originality than the concept originator. Think StarCraft.
    4) In this sense, everyone is (or must be) original to be relevant. Originality is not at risk.

    I hope that didn't sound too confusing :-)

    --
    Quem a paca cara compra, paca cara pagará.