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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?"

2 of 494 comments (clear)

  1. 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
  2. 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.