Tetris Clones Pulled From Android Market

sbrubblesman writes "The Tetris Company, LLC has notified Google to remove all Tetris clones from Android Market. I am one of the developers of FallingBlocks, a game with the same gameplay concepts as Tetris. I have received an email warning that my game was suspended from Android Market due to a violation of the Developer Content Policy. When I received the email, I already imagined that it had something to do with it being a Tetris clone, but besides having the same gameplay as Tetris, which I believe cannot be copyrighted, the game uses its own name, graphics and sounds. There's no reference to 'Tetris' in our game. I have emailed Google asking what is the reason for the application removal. Google promptly answered that The Tetris Company, LLC notified them under the DMCA (PDF) to remove various Tetris clones from Android Market. My app was removed together with 35 other Tetris clones. I checked online at various sources, and all of them say that there's no copyright on gameplay. There could be some sort of patent. But even if they had one, it would last 20 years, so it would have been over in 2005. It's a shame that The Tetris Company, LLC uses its power to stop developers from creating good and free games for Android users. Without resources for a legal fight, our application and many others will cease to exist, even knowing that they are legit. Users will be forced to buy the paid, official version, which is worse than many of the ones available for free on the market. Users from other countries, such as Brazil in my case, won't even be able to play the official Tetris, since Google Checkout doesn't exist in Brazil; you can't buy paid applications from Android Market in these countries."

Comments

shame

[jDeepbeep]

Falling Blocks is a nice little game. It's on my phone right now, so here's hoping that Google won't 'pull an Amazon' and vanish it off the device.

Re:shame

[x_IamSpartacus_x]

And it's still there.
Look under "Top Free" and then "Brain and Puzzle" catagory.
I don't know if Google already restored it or it never came down but it's definitely available.

Re:shame

[commodore64_love]

Under DMCA all you need to do is submit a Document declaring your work does not infringe anything, and the item MUST be put back up

- If Google refuses, then you can sue them for breaking the law (the DMCA)

- If they put it back up, then everything should be good. The only thing you need to fear is being sued, directly, by the Tetris Company.

I wonder if you made a Pac-Man clone instead?

[seanvaandering]

I wonder if you made a Pac-Man clone what Google might think of that?

Re:I wonder if you made a Pac-Man clone instead?

[Francis]

Google actually has permission from Namco, the owners of Pac-man, for a permanent Google/Pac-man logo/diversion :)

http://news.cnet.com/8301-13772_3-20005577-52.html

You can play that here:
http://www.google.com/pacman/

Fun extra: It actually works on mobile devices, including iPhones and Android :)

How about replying?

[Issarlk]

Doen't the DMCA allow you to just send a "No I don't infringue on the copyright" back to Google and have your app not taken down?

Re:How about replying?

[Fnkmaster]

Yes, essentially. The procedure for content at another Google division is explained here. A similar procedure should apply.

In this case, the complaint seems to be primarily a trademark complaint which is probably easily addressed (you can say "Compare to Tetris(R)!" in a game description but you can't call your game "FreeTetris"). And a secondary, very vague claim that because the games are "similar" to the company's game that they use copyrighted material of the company. I don't know whether case law supports that or not, but according to what I've read in a quick Googling it probably doesn't.

According to Wikipedia, this is standard operating procedure for The Tetris Company and they've done the same with Apple's App Store. Not clear that The Tetris Company has ever won a lawsuit on these copyright grounds, but use it to beat small developers up.

Additionally, they pressured a company Biosocia last year via lawsuit to take down their Blockles game. See the statement on the outcome of that (it was settled, not litigated to conclusion - sounds like Biosocia got tired of spending money to fight the lawsuit and just agreed to take the damned game down while stating that they thought that Tetris Company was full of shit).

Re:How about replying?

[erroneus]

WRONG!!!!

That is not how the DMCA works. The DMCA was partly designed to enable a rights holder to get content removed from the internet at a pace faster than the courts system can provide. The process is "complain to the host. host notifies the client. host removes content. client counter-claims. host restores content." Now the issue is between the client and the rights holder and the host has done his due diligence to avoid being sued directly.

Re:How about replying?

[samkass]

Yes. Here's a good guide on what to do.

Re:How about replying?

[ICLKennyG]

This is one of the biggest problem with the DMCA. You have given all the power to the big conglomerates without making them risk anything in return. They just indiscriminately fire C&D letters like shotgun blasts and use them to anti-competitive effect. The only thing Tetris has is their trademark claim and a prevention on decompiling/copying their code or graphics in an exact manner. Feist We need a broader application of Assessment Technologies.

I'd be less critical of the DMCA if they had a penalty, $10,000 plus costs, for reckless or malicious take-down notices. You wouldn't get companies sending 25,000+ a day for 2 seconds of their content used in a fair use manner. This is what scares me so much about the MPEG 7.

Re:How about replying?

[Anonymous Coward]

It's not about the bully, dumbass. It's about the asshole who's paying the bully $1 a time for every kid punched.

Re:How about replying?

[Interoperable]

I think that Google might well restore the app if a counter-claim was filed. They work hard to avoid being painted as a big evil corporation and in this case, there's no risk to them if the counter-claim is filed, in fact, there's less risk. All the risk would be assumed by the developer of Falling Blocks, who would have to hope that the EFF would supply lawyers in the event of a law suit.

EFF, get together

[markus_baertschi]

This might be a case where the EFF might be interested to help.

Also, banding all together, you are 35 people strong, considerably lowering expenses.

Markus

Could be worse..

[draxil]

Of course with Android you always have the option of getting software from sources other than the main sanctioned market. Unlike a certain other smartphone OS I could mention.

DMCA compliance

[MartinSchou]

Google has to remove the items in question to be in safe waters with the DMCA.

You can choose to assert that you own the copyright for your app. Once you do that, Google must forward your information to The Tetris Company, LLC, and reinstate your app. It now becomes a matter between you and The Tetris Company, LLC, and Google cannot be held liable for damages.

Then if The Tetris Company, LLC chooses to do so, they can file a court case. That's probably the tricky bit, as you seem to indicate, that you're in Brazil and not the US, where they are likely to file.

But - ask a lawyer. I'm not one, the above is just how I understand the DMCA works.

Re:Instead of whining educate yourself

[Halo1]

You believe that gameplay can't be copyrighted. You cherry picked some unnamed and unknown sites that support your believe about gameplay and copyright.

One web search shows as the first hit a nice page from the US Copyright Office that demonstrates he's right. And that's not specific to the US (left as a web search exercise to the reader).

Re:Oh noes,

[MrNaz]

I guess you're typing this on your original IBM branded PC, right?

(To everyone else: I hope to God he's not using a Mac, coz if he is, my flippant remark will be blown out of the water and then buried under a veritable Mt Everest of smug)

Re:Put it back up

[MrNaz]

Will the rest of your body be joining your head on its expedition?

Falling Blocks is still available

[cshay]

I just went to the Android Market, searched for it, found it, and downloaded it.

Re:Falling Blocks is still available

[moonbender]

Thief!!

Re:Falling Blocks is still available

[sbrubblesman]

Somebody made another game called "Falling Blocks". Search for the one made by "MobPlug". You wont find it.

Instead of Whining, Create Something Original

[RobotRunAmok]

I'm always amused by how the same geek crowd that will rip a film-maker or author to shreds over re-hashing some common plot device will support to the death a software developer demonstrating the same lack of unoriginality.

"Falling Blocks!" The guy made a Tetris clone and called it "Falling Blocks!"

Where's the pride?

Re:Instead of Whining, Create Something Original

[loshwomp]

I'm always amused by how the same geek crowd that will rip a film-maker or author to shreds over re-hashing some common plot device will support to the death a software developer demonstrating the same lack of unoriginality.

Citation, please. I've seen nothing to indicate that this is the same geek.

And anyway, no one shuts down the big movie company when they make a re-hash movie.

Re:Instead of Whining, Create Something Original

[moonbender]

By the same argument, developers ought to be ashamed for writing a Chess game (or crafting a real one, for that matter -- it's been done before, man!). Tetris is a staple game, it's a shame that the name is trademarked, and it's downright preposterous to send out notices to take down the clones which don't infringe on the trademark.

The comparison the books and movies is flawed: I don't watch the same movie two evenings in a row, and I might now want to watch two extremely similar movies in terms of characters and plot on two evenings in a row. Playing a game of skill such as Tetris five times in a row isn't such a problem though. The two are at opposite ends of the interactivity scale, with plot-heavy games in the middle.

Re:Instead of Whining, Create Something Original

[delinear]

Complaining about someone's lack of originality while supporting their right to be unoriginal aren't mutually exclusive.

Re:Instead of whining educate yourself

[TeXMaster]

You believe that gameplay can't be copyrighted. You cherry picked some unnamed and unknown sites that support your believe about gameplay and copyright.

Gameplay cannot be copyrighted. There are solid cases in international copyright case history to support this claim, the first that comes to my mind is the one involving Scrabble and the Italian variant Scarabeo. Mattel went after EG, and lost the case because the game mechanics were not protectable under any form (copyright, trademark, patent).

Re:All in all..

[c-reus]

For me this seems fairly similar to claiming that Doom, Quake and a number of other FPS games should not exist because they're clones of Wolf3D.

Re:Apparently it's only a trademark problem

[hedwards]

At least in the US you're allowed to use the trademark in referring to the original item. So regardless of what Apple might like you can use iPod, iPad, iMac all you like as long as you refer to their product. Likewise in this case regardless of what this outfit might think saying that something is a clone of the classic game Tetris is completely legal. It's not within the domain of trademark law to prevent that. At least not in the US.

But that's trademarks, not copyright, how they think that they can use the DMCA to enforce that is beyond me. The DMCA only applies to the copyright not trademark.

Money talks

[houbou]

The old arcade games are getting a new lease on life with these mobile devices. So that's why they are doing this, it's simple economics. I mean whoever wrote Pacman, etc.. never thought they would be able eventually to play it on a phone. This is a new revenue stream and they want in on it. In a way, they wrote the original code, they had the inspiration to do it. So, they do deserve some credits in some form. When someone decides to write a "clone" version of a game.. Maybe he's improving it, or not, it doesn't matter. This person isn't being 'original'. This person took someone else work and recreated it. Bottom line, I would say, if someone goes out of their way to recreate someone else's effort for money, don't be surprised if the creators get a hissy fit about it :)

17 USC 512(g)

[tepples]

however, the DMCA does not FORCE them to put it back up when you file a counter. They can choose not to put it back up

If the service provider doesn't put it back up within 14 business days after its designated agent receives the counter-notice from the subscriber, its immunity under 17 USC 512(g)(1) expires, and the subscriber can sue the service provider.

and since there is so little to gain by putting it back up.. no attorney would ever recommend that they do so.

Where do you draw that conclusion? From the statute, 512(g)(4): "A service provider's compliance with [the counter-notification procedure] shall not subject the service provider to liability for copyright infringement with respect to the material identified in the [original takedown] notice."

Re:What's the problem?

[mr_mischief]

Actually, you can patent gameplay. You can't copyright it. In fact, games ranging from Monopoly to Magic: The Gathering have been patented. A prior collectible card game patent was issued in 1904. There really is nothing new under the sun. Random citations:

Monopoly
Magic

However, Tetris isn't patented so the whole patent issue is moot. Besides, trademarks and patents aren't enforced by the DMCA.

Re:slashdot is ignorant

[Dogtanian]

As usual, slashdot missed the other informative story about how the Tetris Company never paid the real inventor anything.

The Tetris Company *is* partly Alexey Pazhitnov's (i.e. the original inventor of Tetris). It was formed after he regained the rights to the game in the mid-1990s, long *after* the likes of Nintendo had released their uber-popular version of the game.

So, on the one hand you could argue that Pazhitnov had the right to some payback through them. On the other hand, they don't (to the best of my knowledge) have the rights to Tetris-style gameplay in itself, only the trademarks, and it's pretty contemptible that they're using bullying abuse of the legal process to shut out Tetris clones, whether or not you believe those have the right to exist.

It's also ironic that Pazhitnov invented a game was one whose appeal was its very simpleness, that isn't really enhanced by bells and whistles (which arguably detract from it), and that has little need for anything added beyond the archetypcal classic Game Boy version.... and yet the success of his Tetris Company depends on just that, i.e. selling endless new versions of that game which for the reasons given only ever end up being pointlessly bell-and-whistled bloatings of the original.

Re:What's the problem?

[Svartalf]

DMCA isn't about Patents- it's about Copyrights and as such, you can't Copyright the gameplay concepts. More to the point, even if this WERE about Patents, any relevant Patents would be over 20 years old. YOU do the math there. At most, you're talking Trademark- which can't be enforced with a DMCA takedown (Law doesn't cover, the ISP doing it can get sued for breach of contract/agreement...the Trademark holder has to be suing and file for an Injunction at that point that gets granted...) and is only an issue if you use the name "Tetris" within your own.

This is about misusing the DMCA to "protect" a game that literally CAN'T be protected under law at this point except for Trademark protection.

Re:Old news?

[TheCRAIGGERS]

Do you work for The Tetris Company?

This is horrible advice and underlines everything (ok, maybe not everything) that is wrong with the DMCA. The company is being an unlawful bully and bowing to their pressure is not going to help anything.

BitBlocks

[amoeba1911]

Hey, I'm on the same boat. I also made a really awesome game of falling 4th order polyominoes (tetris style game) called BitBlocks. It was wildly successful, had much better ratings than even the official Tetris game by EA. My game was on the Android Market for 3 months, and became one of the top 5 games for the Android. On March 9th it got removed from the Android Market.

Your options are limited. You can't fight The Tetris Company because you can't afford the lawyer expenses. If you did have the money to fight The Tetris Company, you would surely win in court, but the court victory would be a loss for The Tetris Company as well as you because it would mean The Tetris Company no longer has any authority to stop people from making falling block games and there would be a flood of falling block games on the market, perhaps some even better than your game. (See Lotus vs Borland, in the end Borland won, but Lotus and Borland both lost when Microsoft came out with Excel)

What The Tetris Company is doing is anti-competitive. Under The Sherman Antitrust Act of 1890, monopolizing a trade using anti-competitive practices is a felony punishable by up to $10,000,000 fine and three year jail sentence. According to DOJ web site:

The Sherman Act also makes it a crime to monopolize any part of interstate commerce. An unlawful monopoly exists when only one firm controls the market for a product or service, and it has obtained that market power, not because its product or service is superior to others, but by suppressing competition with anticompetitive conduct.

(http://www.justice.gov/atr/laws.htm) -- that paragraph entirely describes what The Tetris Company is doing with falling block games.

I don't know if the DOJ will care or even lift a finger, but it's worth a try and if people on slashdot can create a big enough wave perhaps they will be swayed to investigate The Tetris Company. You can report antitrust concern here: http://www.justice.gov/atr/contact/newcase.htm

So I urge all slashdotters to file a complaint with the Department of Justice. Show you care about tetris, file a complaint against The Tetris Company! It's time we put an end to their monopoly.

unflagged

[tepples]

But based on my experience with Youtube (i.e. Google), they just ignore counter-claims

I've been able to get a Tetris-related video restored on a counter-notice. It took significantly longer than the federally mandated 14 business days, and it took a follow-up e-mail to copyright at youtube.com, but at least it's back up.