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Avoiding DMCA Woes As an Indy Game Developer?

Posted by timothy on from the jealously-guarded dept.

androidstevep writes "I was just on the receiving end of DMCA takedown notice for my game in Android Market, 'Super Pac.' Namco Bandai have filed the notice with Google, claiming breach of copyright of their game 'Pac-Man.' Although my version is obviously inspired by the original arcade game, no original artwork or sound has been copied. The problem from my point of view is that the DMCA notice is not clear where or why the breach is alleged. My guess is that maybe the name is too similar, although I did a trademark search for 'Super Pac' before release and came up with nothing. Furthermore, Google have disabled my access to this app, presumably as required by the DMCA, so I am unable to even make whatever modifications would be required. As a part-time developer with limited means (i.e. can't afford expensive lawyers), but willing to make best efforts to avoid legal issues, how does one negotiate what seems to be a difficult minefield of trademarks, copyrights and DMCA? Does anyone have tips in this area?"

7 of 494 comments (clear)

  1. Try having an original idea by Animats · · Score: 4, Insightful

    "Instructions: Based on the classic arcade game Pac-Man, the aim is to eat all the pills in the maze, while avoiding the four ghosts. There are also power-pills available in each corner which temporarily turn the ghosts blue, and more importantly, edible! Bonuses are awarded for eating ghosts. Fruit bonuses also appear and can be eaten for additional points."

    Of course you got an infringement notice.

    1. Re:Try having an original idea by hedwards · · Score: 4, Insightful

      I'm sorry, but that's not a copyright violation and it's certainly not a violation of the DMCA. There is however a pretty blatant trademark violation, assuming that the owner has maintained the mark.

      This is a pretty blatant abuse of the DMCA unless the OP used some of their code or images to do it. The proper thing is to file the paperwork with Google affirming that there is no copyright violation.

      If the OP has the funds to do it, he could also file suit against Namco Bandai for violating the requirements under the DMCA for filing a take down notice. There is a defined situation for cases where the party filing the takedown notice does so in bad faith that allows for damages. Personally, I wouldn't bother unless I was making a living on the product as it's tough to actually get enough money for the violation to make it worthwhile.

    2. Re:Try having an original idea by Lunix+Nutcase · · Score: 4, Insightful

      What is "creative" about making a clone of Pacman? It's funny how often on here people whine about copyright laws stifling creative and yet the things that are being held up as being stifled are clones of other works.

  2. Nothing personal by deathguppie · · Score: 5, Insightful

    Nothing personal, but seriously dude your game looks EXACTLY like Pacman. Not a little like, but exactly like. If you had made the game with marshmello's and a doughnut then I'd be saying "ya, those bastards!" but you just copied the game and gave it a new name. IANAL but if you copied my game, and put a new name on it I'd be a little upset too.

    --
    once more into the breach
  3. Clear case of copyright infringement by fair+use · · Score: 5, Insightful

    Your game is a complete knock off of the original. From your website, it looks like you copied:
    (1) the pac man character
    (2) the ghosts
    (3) the dots and power dots
    (3) the style of the maze
    This is clear case of copyright infringement.

    You say that "no original artwork or sound has been copied", but this is clearly not true. If you draw it yourself to look like the original, it is still a copy. Instead of copying the original do something new. Change the characters. Put the bad guy box in a corner. Have the maze look different.

    You clearly have trademark issues as well. "Pac" is distinctive so any name using "pac" will likely be a trademark infringement.

  4. Re:trademark not copyright by MattW · · Score: 4, Insightful

    There's obviously going to be a judgment call at some point.

    Are stories about boy wizard orphans all protected by copyright? Of course not.

    But if you make a story about Larry Potter and his trip to Gogworts from platform 8 and 3/4s, you should expect to get sued as a copyright infringer.

    In this case, one example of problematic content that would, I think, be infringing, is the maze itself (shown on the developer page). There are almost an infinite number of ways to structure a maze but at a glance, it appears he has ripped off the exact layout of one or more of the Pac-Man mazes. (Pac-Man and the ghosts seem nearly identical, too; was the artwork literally copied? It doesn't need to be. If you sit down and sketch a mouse that is "inspired by" Mickey Mouse, it doesn't have to be a perfect copy for it to be infringing.)

  5. Just look at the screen shot... by WPIDalamar · · Score: 4, Insightful

    Put this image in front of an average citizen.
    http://spwebgames.com/pacman/screenshot2.png

    Ask him what it is.

    He'll say "Pac Man"

    That's the guy that's in the jury of the trial figuring out if it's copyright infringement or not.