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Leaked Zynga Memo Justifies Copycat Strategy

bonch writes "After taking heat over allegations of copying hit indie game Tiny Tower, Zynga founder Mark Pincus wrote an internal memo justifying the company's strategy of cloning competing titles, citing the Google search engine and Apple iPod as successful products which weren't first in their markets. Pincus infamously told employees: 'I don't want f*cking innovation. You're not smarter than your competitor. Just copy what they do and do it until you get their numbers.'"

384 comments

  1. And that is what really stiffles innovation by elrous0 · · Score: 5, Insightful

    Who wants to come up with the next great innovation, when you know damn well that the second you do, some big player with more resources is just going to swoop in and steal it?

    This is the kind of thing that copyright and patent laws were SUPPOSED to protect against. But, in reality, copyrights and patents are just something the big boys use as bludgeons against the little guys (and against each other). You think a little indie developer like Nimblebit has the money to hire even a single lawyer to go up against Zynga's *team* of high-priced lawyers? Good luck with that.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:And that is what really stiffles innovation by i+kan+reed · · Score: 3, Interesting

      The premise of your post seems to be that de facto trusts are squashing innovation in the modern era. What resolution to this issue do you imagine is possible? Removing copyright from the equation doesn't seem like it would help. What would?

    2. Re:And that is what really stiffles innovation by Exitar · · Score: 5, Funny

      Remove lawyers?

    3. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 1

      I'm sure Slashdot posters will eat up your comment, but copyright and patents have absolutely nothing to do with making a copycat game. Unless Zynga actually copied code or artwork then the company has no case.

      If anything, cases like this call for MORE, STRONGER intellectual property laws. The big guys shouldn't be able to just copy the little guys and then suck up the users.

    4. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      not removing copyright.
      returning copyright to a reasonable time limit is still important. that's the real problem with copyright. make it extremely strict (so that things like gameplay are included where they are not currently), but only last for 10 years, end of story.

    5. Re:And that is what really stiffles innovation by Dexter+Herbivore · · Score: 1

      Removing copyright from the equation doesn't seem like it would help. What would?

      How about restricting copyright holders powers to enforce their copyright, possibly back to what was intended with a short lifespan for copyright claims and using court action instead of acts like PIPA and SOPA?

    6. Re:And that is what really stiffles innovation by Dexter+Herbivore · · Score: 4, Insightful

      Apparently the Zynga mission statement is, "Do Evil".

    7. Re:And that is what really stiffles innovation by theangrypeon · · Score: 0

      If anything, cases like this call for MORE, STRONGER intellectual property laws.

      No. Fuck no. Big companies abuse IP laws enough as it is. Why in the name of Zeus's butthole do you want more and stronger laws.

      The big guys shouldn't be able to just copy the little guys and then suck up the users.

      You have no god given right to have users play your game. If someone makes a more appealing game and they take your users away, well, tough shit.

      Also, if we did have your way, what constitutes "copying"? In this case it's pretty obvious that Zynga game is essentially a knock-off, but how "different" do 2 games have to be to satisfy you in a legal sense for you to consider it not copying?

    8. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 2, Interesting

      The premise of your post seems to be that de facto trusts are squashing innovation in the modern era. What resolution to this issue do you imagine is possible? Removing copyright from the equation doesn't seem like it would help. What would?

      OK, I'll bite.

      How about going back to the anti-trust regime we used to have? You know, where anti-competitive practices were against the law - and the law was actually enforced (sometimes by breaking up big companies into smaller ones).

    9. Re:And that is what really stiffles innovation by countertrolling · · Score: 1

      This is the kind of thing that copyright and patent laws are DESIGNED to protect. The system works

      --
      For justice, we must go to Don Corleone
    10. Re:And that is what really stiffles innovation by alen · · Score: 1

      no, historically innovators like Henry Ford are narrow thinkers and stubborn. even steve jobs made a lot of wrong decisions and had to be convinced by others to change his mind

      innovators come up with a cool new idea but never expand it for the mass market. the copycats like steve jobs, zynga and Alfred Sloan are the ones that make it popular

    11. Re:And that is what really stiffles innovation by Lonewolf666 · · Score: 1

      What resolution to this issue do you imagine is possible? Removing copyright from the equation doesn't seem like it would help.

      Actually, I think it would help somewhat. The small guys would still be unable to defend their innovation against the de facto trusts (albeit for a different reason now), but the de facto trusts would also lose the stick they beat the independents with.

      --
      C - the footgun of programming languages
    12. Re:And that is what really stiffles innovation by Surt · · Score: 1

      Forbidding corporations from growing larger than 50 people would clearly solve this problem.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    13. Re:And that is what really stiffles innovation by Surt · · Score: 1

      In this particular case, that would seem to make the situation worse, right?

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    14. Re:And that is what really stiffles innovation by theangrypeon · · Score: 3, Insightful

      that's the real problem with copyright. make it extremely strict (so that things like gameplay are included where they are not currently)

      Are you fucking serious? Do you really want Wizards of the Coast suing every RPG that uses random chance to determine the outcomes of events, even if it is *only* for a decade?

    15. Re:And that is what really stiffles innovation by kiwimate · · Score: 0

      Who wants to come up with the next great music album/movie, when you know damn well that the second you do, lots of pirates with no scruples are just going to swoop in and steal it?

    16. Re:And that is what really stiffles innovation by countertrolling · · Score: 5, Insightful

      Revoking an abusive corporation's charter and putting its intellectual 'property' into the public domain would be much more effective. That's the kind of death penalty we should rally around.

      --
      For justice, we must go to Don Corleone
    17. Re:And that is what really stiffles innovation by Greyfox · · Score: 3, Interesting

      Has anyone actually tried yet? After the story a few days ago about how a photograph violated copyright simply for emulating the style of another photo, it seems like what Zynga's doing should be a lot easier to prove.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    18. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      And end all major production in the idiotic country that tried to enforce it.

    19. Re:And that is what really stiffles innovation by mcgrew · · Score: 3, Insightful

      This is the kind of thing that copyright and patent laws were SUPPOSED to protect against.

      I'm not so sure about that. You can't copyright an idea. For instance, you could write a novel about a detective in a futuristic domed city who's investigating a murder, who hates robots and has a robot partner, without infringing on The Caves of Steel. The novel is copyrighted, the idea is not and cannot be.

    20. Re:And that is what really stiffles innovation by Merk42 · · Score: 1

      and introduce a host of others

    21. Re:And that is what really stiffles innovation by repapetilto · · Score: 2

      That's dumb, then there will just be corporations of corporations, etc. All that would be is an obstacle for people to waste effort people getting around.

    22. Re:And that is what really stiffles innovation by wrencherd · · Score: 1

      In this case it's pretty obvious that Zynga game is essentially a knock-off, but how "different" do 2 games have to be to satisfy you in a legal sense for you to consider it not copying?

      Because that's the question of fact that courts get to decide, it's also where the actual law gets "made".

      It's also why it's important, at least in the US system, that all of our federal judges–particularly obvious on the Supreme Court–come from such a limited pool in terms of political party affiliation (2), law schools (2 or 3), regional background (1), etc., etc.

      If you want different law you're going to have to elect different people to appoint different judges.

    23. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      Who wants to come up with the next great innovation, when you know damn well that the second you do, some big player with more resources is just going to swoop in and steal it?

      You got it ass-backwards buddy. A writes some useful piece of program, B thinks of a useful feature to add to A's program. Under your proposal B can't copy A's program and evolve it. But if it was allowed to copy programs, then B could improve on A's program, and C or even perhaps A could improve on B's program, etc.

      If people shared your mindest 20 years ago, we'd still be using Mosaic to access the web.

    24. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      "using random chance to determine an outcome" hardly qualifies as "gameplay"

    25. Re:And that is what really stiffles innovation by JustSomeProgrammer · · Score: 1

      I don't think this would help in this situation where someone is blatantly ripping someone off within a year of release. But yeah I can support a 15 year copyright.

    26. Re:And that is what really stiffles innovation by Cormacus · · Score: 1

      Your analogy is flawed; music/video pirates don't generally turn around and sell what they 'swoop in and steal', whereas software pirates in this case are profiting immensely.

      --
      Mon chien, il n'a pas du nez. Comment scent-il? TrÃs mauvais!
    27. Re:And that is what really stiffles innovation by repapetilto · · Score: 1

      I do.

    28. Re:And that is what really stiffles innovation by JustSomeProgrammer · · Score: 4, Insightful

      Zynga didn't make a more appealing game. They made a better marketed game. You know something the little guy can't compete on since Zynga actually has a budget to do that with.

    29. Re:And that is what really stiffles innovation by AngryDeuce · · Score: 1

      Oh, I'll bet any amount of money you could find a lawyer to argue that point, and that there also exists a clueless enough judge to agree with the assertion.

      You must have far more faith in the integrity of our courts than I...

    30. Re:And that is what really stiffles innovation by i+kan+reed · · Score: 3, Insightful

      It troubles me that this was modded insightful and not funny. Do people really believe that advocates who understand the laws are an unnecessary part of the equation? I can't imagine the idea of being sued under a tort I didn't understand, and there being no one who could explain it to me, and help me defend my situation in court.

    31. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      I'm sure WotC could hire enough lawyers to convince a court otherwise. And there's the rub. Just because something is 'common sense' doesn't mean enough money can't make the courts reach a completely different conclusion.

    32. Re:And that is what really stiffles innovation by kiwimate · · Score: 1

      Does that matter to the creator? Whether the music/video pirate sells the product or just shares it freely, the net effect is the same to the person who produced that work.

    33. Re:And that is what really stiffles innovation by countertrolling · · Score: 5, Insightful

      We shouldn't allow such complex laws that we need lawyers.

      --
      For justice, we must go to Don Corleone
    34. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 1

      It always was though. Ever since this guy's face became public. I remember him being quoted as "I wanted money and I knew I wanted money now, nothing else mattered" (paraphrased) - when asked about unethical ties with various shady ad, affiliate and pay-per-click companies.

      Nothing new here - an unethical man promoting his unethical behavior.

    35. Re:And that is what really stiffles innovation by ieatcookies · · Score: 0

      Tiny Towers was far from original IP but that's ok because Nimblebit is not Zynga.. and ./ loves to hate on the big guy. It's one thing to actually take assets from a game and another to simply put out a competing game in the same genre/game mechanic. Yes they look similar BECAUSE THEY ARE THE SAME TYPE OF GAME and that's perfectly ok. The consumer should win here.. It's like the claims that Zynga's Bingo was copied.. well, good luck making a Bingo game that doesn't look like all Bingo games. And if you poke around, you'll find that portions of games (huds, friend bars, power up assets) are scooped and shared ALL AROUND. Are you going to blast Words with Friends for being Scrabble next.. maybe no one should ever be able make a scrabble type game again.

      Who wants to come up with the next great innovation, when you know damn well that the second you do, some big player with more resources is just going to swoop in and steal it?

      Stealing something doesn't make it good. Nimblebit made the tower genre good by improving on previous tower games (sim towers, etc). Zynga is attempting to make Dream Heights/Towers (whatever it's called) better than Tiny Towers. Nimblebit should spend less time throwing stones at Zynga and more time seeing what's working for Dream Heights and improving their own game. Make a better mouse trap.

    36. Re:And that is what really stiffles innovation by Grave · · Score: 1

      Actually, I think people believe that "advocates who understand the laws" are an unnecessary product of a flawed, excessively complex system that makes it very, very difficult for the common person to understand. The very fact that you can be sued under a law that you do not understand and would need an advocate with a decade of schooling to explain to you is a fundamental problem.

      Once upon a time, laws were written in broad terms that could be understood by the average citizen. While this left things open to interpretation, that was part of the point. Laws need to have flexibility when they are applied, precisely because all cases and scenarios they will cover cannot be envisioned when they are written. The Judicial branch of government exists not just ask a check against unconstitutional laws, but as a check against unjust laws. Just because something is illegal doesn't necessarily mean it is wrong.

    37. Re:And that is what really stiffles innovation by neonKow · · Score: 2

      Absurd. You can't run so much as a small radio station or newspaper like that, much less a school, bank, or almost any other vital institution of modern civilization.

    38. Re:And that is what really stiffles innovation by fish_in_the_c · · Score: 2

      Patents holders should be required to show yearly the amount of dollars invested in developing technology tied to the patent.
      If that level drops to zero for 3 year, the patent expires. If the company can be shown to be not actively using ( aka for making money) a patient then it can also be revoked by a court.

      Same with copyright, if the holder is not keeping the work published and available for purchase at no more then 200% of the normal market value for similar products , then copyright should expire.

      Both are about making money , and if money isn't being made they should be let go.

      Also, the parent's complain would be benefited if there was something like a 'interface' copyright. that could be filed for.

      --
      âoeTolerance applies only to persons, but never to truth. Intolerance applies only to truth, but never to persons.
    39. Re:And that is what really stiffles innovation by ShieldW0lf · · Score: 2

      Thank you.

      --
      -1 Uncomfortable Truth
    40. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 1

      What once upon a time are you talking about? Common law court cases date back to like the 1400s. In other words, to understand the law you needed to also understand the judicial interpretations of the law. That sounds pretty complex to me. You ever read any one of those cases from the 1400's. See if you can understand it?

    41. Re:And that is what really stiffles innovation by msobkow · · Score: 1

      It may not matter to the creator if they think they could get money from people who didn't pay for the content or used it personally, but it matters a great deal if you're trying to prove THEFT instead of copyright infringement. When you SELL downloaded media or software, you give it a VALUE, and that escalates the infringement to being theft, because clearly your customers WERE willing to pay for the content, so it's not "just data" as pure piracy advocates claim.

      --
      I do not fail; I succeed at finding out what does not work.
    42. Re:And that is what really stiffles innovation by eggstasy · · Score: 1

      Well I'm a European, and we're not terribly litigious because there isn't much to gain by suing people.
      We don't have a concept of punitive damages, you can only sue for the precise amount that you can demonstrate to have lost.
      And of course we could always come up with Socialized Law. People complain that laws are made for the rich, that only the rich can have lawyers.
      Well, the richest people pay 40% tax in my country.
      Tax lawsuits according to the prosecutor's income. Spend a million on legal fees, pay another 400k in taxes.
      You have this 3-strikes "habitual criminal" law in America? Have penalties for excessive (ab)use of the legal system.
      Make it less appealing for the RIAA to sue 200 people. Distribute the burden of legal fees - if the RIAA spends a million suing you, then you will have the right to spend up to a certain percentage of that, at their expense, based on the income differential.

    43. Re:And that is what really stiffles innovation by Baloroth · · Score: 4, Insightful

      The problem is not the mere existence of lawyers, which really is a necessity. The problem is we have too many lawyers, and too many of them are involved in writing laws. The result is massive legal complexity, so that even the simplest laws require lawyers, and often specialized ones at that, merely to understand. This is necessary, in many cases, simply to give the lawyers jobs.

      In some cases, the entire system is designed so that the only ones who really end up profiting are the lawyers. The law is the fundamental problem, but as I said, the law ends up being written by lawyers, who somewhat understandably try to keep themselves as necessary as possible. The result is an expensive mess for anyone who isn't a lawyer.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    44. Re:And that is what really stiffles innovation by i+kan+reed · · Score: 5, Insightful

      This is a more reasonable direction to take, but part of the reason laws are so complex is because not every situation is the same. And you could have laws with a very broad scope with a lot left to judges to decide, that would harm one of the underlying principles of common law many people agree with, the equal protection provision.

      If person A commits a given action, and person B does the exact same, you don't want the judge to have leeway to execute A and give B a month's probation. This means that laws have to be specific about different cases and their distinctions. Complexity arises naturally from that.

      Basically, I'd need to see any proposed plan of simplification before I could ever agree to it. It's a nice idea though.

    45. Re:And that is what really stiffles innovation by i+kan+reed · · Score: 1

      I just responded with my thoughts on this general concept above. I won't repeat myself, but there are fairness concerns to this general approach.

    46. Re:And that is what really stiffles innovation by theangrypeon · · Score: 1

      What is the point of marketing then, if not to make your game more appealing to the masses?

    47. Re:And that is what really stiffles innovation by sdavid · · Score: 1

      That's like saying we don't need programming languages more complicated than basic. Complex societies have complex legal systems.

    48. Re:And that is what really stiffles innovation by VGPowerlord · · Score: 1

      If people shared your mindest 20 years ago, we'd still be using Mosaic to access the web.

      Some of the people who created Mosaic went on to found a company called "Netscape"

      Mosaic was sold to Spyglass, who licensed Mosaic to a company named "Microsoft" who incorporated it into a product called "Internet Explorer"

      Netscape donated its code (and employee time) to something called "Mozilla" who makes a product called "Firefox."

      In other words, it'd be similar to the way things are today, but potentially without Opera, Safari, and Chrome.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    49. Re:And that is what really stiffles innovation by MightyMartian · · Score: 2

      The problem is that the sheer number of lawyers means they cease to be simply advocates but instead become the formulators. We need less lawyers, a lot less.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    50. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      This is the kind of thing that copyright and patent laws were SUPPOSED to protect against.

      No it isn't. A style of game should be no more copyrightable or patentable than the plot of a book. The Sword of Shannara should not be illegal just because it's the same plot as Lord of the Rings. Likewise, Sonic the Hedgehog should not be illegal just because it's the same style as Super Mario Brothers.

      Imitation is a very important part of innovation. Art, science, and technology evolve by building upon what came before. Occasionally something comes along that radically changes things. For instance, after Jurassic Park came out, suddenly there was a pop cultural fascination with dinosaurs, and it seemed like every book, TV show, and movie had to have very intelligent and highly trained experts as their heroes. The age of the geek was born. When Rowling published Harry Potter, suddenly children's and young adult books became all the rage. Doom spawned a fascination with first-person shooters that is still dominating the video game market. Apple popularized the tablet, and now it seems like every innovation in computers is feeding that mania.

      But you know what? Culture has evolved because of all the imitators. Doom is not the best first-person shooter; we've moved beyond that. And if the iPad is the best tablet there ever will be, then their competitors might as just concede them the win and never try to design another tablet again.

      We have to allow cheap knock-offs because sometimes those knock-offs turn out better than what they're based on. It's all a form of evolution. We don't mourn the dinosaurs because without their demise, we wouldn't be here. Likewise, we shouldn't criticize imitators because sometimes they come up with something better than what they're imitating. Art, science, culture, and technology all move on to better things.

    51. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      I'm sure Slashdot posters will eat up your comment, but copyright and patents have absolutely nothing to do with making a copycat game. Unless Zynga actually copied code or artwork then the company has no case.

      If anything, cases like this call for MORE, STRONGER intellectual property laws. The big guys shouldn't be able to just copy the little guys and then suck up the users.

      Either way it wouldnt help. If the copyright laws were weaker, big guys would kill the small guys by copying all their stuff. If the laws were stronger they would simply be used by the big players to beat the tar out of the small ones. If a small player tried to use the same law to protect themselves, the big players would just bankrupt them with their giant team of lawyers.

      The problem is that giant corporations are abusive. Abusive to their competitors, employees, customers, and to the public in general.

    52. Re:And that is what really stiffles innovation by TheGratefulNet · · Score: 4, Insightful

      walk into a lawyer's office or entry way. tons and tons of 'impressive' books, right?

      add to case law. add to this and that. no trimming; just adding.

      does this sound like a sensible design? from an engineering POV, does this sound sustainable and efficient? having so much stuff to sort thru to know what is 'right vs wrong' ?

      tons and tons of exceptions. lots of rules, but more and more exceptions. is that not broken, by design??

      I know why we allow it. those in the system who benefit from the system do not want to shake-up the system. its that simple.

      but its still very wrong. just like tax codes; ever-growing lists of things as rules and exceptions. how self-serving! not We The People serving, but so hard that few can file taxes without those dumb software programs we have to *buy* (again, those who benefit do not want the system changed.)

      --

      --
      "It is now safe to switch off your computer."
    53. Re:And that is what really stiffles innovation by LordLimecat · · Score: 2, Insightful

      Life is unfortunately complex enough, and people sufficiently devious, that simple laws like "dont be a dick" dont really cut it. Laws are complex because people look for loopholes, and exploit them, and then everyone clamors for a fix.

    54. Re:And that is what really stiffles innovation by JustSomeProgrammer · · Score: 1

      Mostly brand awareness. People won't buy what they don't know about.

      Doesn't mean it is a better game. Lots of rip off games are not as good as the original but have better marketing. It really sucks for the guy who originally made the game that he can't actually sell the game he created. Most rip offs aren't as blatant as what Zynga does either.

      Or are you arguing that Zynga is a better game developer simply because they can market games better despite they don't innovate or create anything?

    55. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      The the extent that they have control over things that they have no understanding (war, science and human nature to name a few biggies) they really do have a disgusting amount of power. I mean, it's generally lawyers who decide the confusing laws in the first place. Can you imagine what would happen if doctors purposefully made the entire population sick so that they would be needed? Or if the police cause crime to defend their existence?

      Maybe lawyers are needed in some capacity - I'd like to know there's someone who will go to bat for my brother with a developmental disorder (our family lawyer also happens to be a family friend) - but it's just gotten insane. Politicians have been slamming on companies like Google and Facebook for not having clear privacy policies lately but their language is often worse. Still, no one profession should ever have the hold over the population the way lawyers do. Plus, they are ever so much fun to make jokes about.

      Onto the main topic - I agree with elrous0, THIS is the kind of stuff copyright should be used for. It's not right to explicitly use someone's work for your own profit without at least giving them some money as payment. No one wants to end up like Deringer (the guy who invented those tiny pistols which were copied all over the place).

    56. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      If the laws effectively protected the rights of Niblebit in this case, ironicly Tiny Tower would have been pulled down before Zynga even had a chance to make a copy of it. I think it goes something like Sim Tower->Corporation Inc->Tiny Tower->Zynga Tower.

      Everyone alwasys complain that others are copying them, when they are just themselves copying those who came before them.

      "Who wants to come up with the next great innovation, when you know damn well that the second you do, some big player with more resources is just going to swoop in and steal it?"

      I do!! who wouldn't want to be the guy who build the first car, the first phone, the first FPS or the first whatever. Even though Zachary Barth isn't reaping the money from minecraft, I still think it would be cool to have been the guy who build the first game in the current stream of voxel-mining games (Who are all facing the rudimentary accusations of copying minecraft). If you are only interested in making money, don't innovate, and if you are interested in innovating accept that sometimes you won't make money. Not because others steal your ideas, but because others copy you and do a better job at it then you.

    57. Re:And that is what really stiffles innovation by jd2112 · · Score: 1

      s/basic/logo/

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    58. Re:And that is what really stiffles innovation by Bucky24 · · Score: 1

      "using random chance to determine an outcome" hardly qualifies as "gameplay"

      You do realize that we have a company that has patented a shape, right?

      --
      All the world's a CPU, and all the men and women merely AI agents
    59. Re:And that is what really stiffles innovation by Bucky24 · · Score: 1

      Likely the large corporations would never have even come about because someone else would have ripped off their designs in their early stages.

      --
      All the world's a CPU, and all the men and women merely AI agents
    60. Re:And that is what really stiffles innovation by ArhcAngel · · Score: 3, Insightful

      If it weren't for lawyers writing the laws in such complex terms it REQUIRES another lawyer to interpret there would be no need for lawyers in the first place. Judges..yes. Lawyers...NO.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    61. Re:And that is what really stiffles innovation by MozeeToby · · Score: 5, Interesting

      If person A commits a given action, and person B does the exact same, you don't want the judge to have leeway to execute A and give B a month's probation.

      We already do this. We don't punish actions, we punish consequences. If I'm in a hurry and blow through a stop sign on purpose I get a fine. If I'm distracted by the guy behind me tailgating and blow through a stop sign and kill someone I'm up for manslaughter. My illegal activity, not stopping at the sign, is identical. But the consequences, and therefore the punishment are very different; in fact, they are nearly reversed from what some schools of ethics say they should be.

    62. Re:And that is what really stiffles innovation by SirWhoopass · · Score: 5, Insightful

      If the law was only concerned with consequences then there would be no difference between manslaughter and first-degree murder. The outcome is the same: someone died. Action (or inaction, in the case of negligence) plus intent are a part of the law.

    63. Re:And that is what really stiffles innovation by kiwimate · · Score: 1

      We shouldn't allow such complex laws that we need lawyers.

      Common sense isn't (common, that is). Selfishness is ubiquitous. It is a depressing commentary on the human race that we do, indeed, need such complex laws.

    64. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      Do you have evidence that complexity in the law is a direct and necessary consequence of writing a just and reasonable law? That may be the case, but I have a gnawing suspicion that complexity in the law is more often because politicians have a hard time agreeing about anything, so when they finally reach agreement on something, the law that they come up with is a mish-mash of hundreds of different hands and opposed ideas. After reaching agreement, the politicians are unlikely to spend a large amount of time trying to come up with a simpler version of the law that they could also agree on - there is no benefit to them from doing so. I suspect that is the main reason that laws are complicated - there is no incentive for politicians to do anything about it and it would requires a lot of effort from them to fix the issue.

      Imagine if a program was written by 100 programmers all of whom were in violent disagreement about what the program should do. One wants to write a spreadsheet and someone else is trying to turn the code base into an MMO. Then there's the guy who wants to make a flight simulator (this is starting to sound like EVE, actually). Imagine that a majority of these people had to agree on every change to the codebase. Writing spreadsheets, MMOs and flight simulators require the code to do many complicated things, but those necessary things are not nearly as complicated as the superfluous complication what would come out of this process - and so I suspect is the case with the law too.

    65. Re:And that is what really stiffles innovation by countertrolling · · Score: 0

      None of that mandates that the law be indecipherable by the average person. This is being done to create a captive market.

      --
      For justice, we must go to Don Corleone
    66. Re:And that is what really stiffles innovation by countertrolling · · Score: 1

      If you are distracted by the guy behind you, you have other problems. That's a pretty lousy excuse.

      --
      For justice, we must go to Don Corleone
    67. Re:And that is what really stiffles innovation by spire3661 · · Score: 1

      You do realize that design patents are WIDELY held by many many companies. DO you honestly think it would be ok for Pepsi to start shipping their product in a 2-liter shaped exactly like the distinctive Coke stylized 2 liter bottle? Design patents do have their place and Samsung CLEARLY tried to create confusion with its design.

      --
      Good-bye
    68. Re:And that is what really stiffles innovation by RazorSharp · · Score: 0

      It seems unfair to expect anyone to abide by the law when you need to pay an expert thousands of dollars just to tell you what the law means.

      Here's a challenge. Go to any lawyer, preferably the most distinguished and knowledgeable one in the land, and ask him this: "How many laws are there?" He doesn't know.

      --
      "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
    69. Re:And that is what really stiffles innovation by rsborg · · Score: 1

      If person A commits a given action, and person B does the exact same, you don't want the judge to have leeway to execute A and give B a month's probation. This means that laws have to be specific about different cases and their distinctions. Complexity arises naturally from that.

      Yet, this is exactly *not* what France does, for example... they don't abide by stare decisis [1], which states that lower courts must abide by precedent set of previous court decisions, although their jurisprudence is followed by custom, they can and do break from precedent.

      The entire idea of jurisprudence (the creation of law by judicial ruling) is fraught with danger - in that precedent, once set, can make for bizarre outcomes - take for example corporate personhood [2] - Now corporations are super-people, that have free-speech rights.

      [1] http://en.wikipedia.org/wiki/Judiciary_of_France#Glossary_of_Key_Terms
      [2] http://en.wikipedia.org/wiki/Corporate_personhood#Case_law_in_the_United_States

      --
      Make sure everyone's vote counts: Verified Voting
    70. Re:And that is what really stiffles innovation by Bucky24 · · Score: 1

      You do realize that design patents are WIDELY held by many many companies.

      I was not aware of that. Can you provide examples?

      --
      All the world's a CPU, and all the men and women merely AI agents
    71. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 4, Informative

      No, that's not how it works at all. You blow through the sign, you get fined for that. You blow through the sign and kill someone, you get fined for blowing the sign *and* are additionally charged with manslaughter.

    72. Re:And that is what really stiffles innovation by husker_man · · Score: 1

      In this case it's pretty obvious that Zynga game is essentially a knock-off, but how "different" do 2 games have to be to satisfy you in a legal sense for you to consider it not copying?

      Because that's the question of fact that courts get to decide, it's also where the actual law gets "made". .

      That's where the problem arises. If a big company is taken to court, they can (and will) stall out the smaller competitor, and basically run up the legal expenses to a point where the little company can't survive. There does need to be some sort of process that levels out the playing field between the two companies/people so that actual justice gets done.

      Of course, I would also like a pony with that too.

    73. Re:And that is what really stiffles innovation by Grishnakh · · Score: 1

      It's not "stealing" if it's just a crappy clone, rather than a direct copy. If you come up with an idea, and someone takes your idea and makes a better implementation of it, then why shouldn't they profit from that?

      Ask the developers of "Angry Birds" how they feel about Zynga making a cheap rip-off of their product. Oh wait, they probably don't care because Angry Birds is wildly successful, and any clones Zynga has made haven't had any success.

      People generally don't bother with clones unless either 1) the original is ridiculously overpriced by comparison, or 2) the clone is actually better than the original. Just look at movies: Asylum Pictures is in the business of making crappy clones of popular movies. Do they ever make huge amounts of money on them? Nope.

      If any of Zynga's products are highly successful, it's probably because they made a better version of the original.

    74. Re:And that is what really stiffles innovation by s73v3r · · Score: 1

      The alternative is having laws that are so broad and loose in their interpretation that they could mean anything. Complex law is usually fairly specific law, which is better.

    75. Re:And that is what really stiffles innovation by aceboomblain · · Score: 1

      <sarcasm>
      Yes, and those damn programmers have way too much power over what our software applications do ... aren't they just writing their own job security by writing all that complex software? Why don't they put everything I need in the first version so I don't have to buy it year after year?
      </sarcasm>

    76. Re:And that is what really stiffles innovation by s73v3r · · Score: 1

      In addition, a lot of law is not actually legislated, but is interpretation and decisions from judges. One of the things that lawyers get paid for is to keep up with this, and be able to research it. Sure, you could do that yourself, but it takes a good amount of time, and most people wouldn't have a clue as to where to start.

    77. Re:And that is what really stiffles innovation by s73v3r · · Score: 1

      For the most part, it's not. It's mainly that the average person doesn't want to be bothered to understand it.

    78. Re:And that is what really stiffles innovation by s73v3r · · Score: 4, Insightful

      That's quite possibly the stupidest fucking statement I've read today. "How many laws are there?"

      I tell you what, why don't I ask you how many scientific theories there are. Can't answer? Well, I guess that means that science is bad too.

    79. Re:And that is what really stiffles innovation by i+kan+reed · · Score: 2

      Now we're getting somewhere. The elimination of ruling by precedent would have profound implications without necessarily doing in the rights and protections of individuals. I would just like to point out, however, that you're talking about overturning common law, the basis for judgement throughout U.S. history. This is an example of a reform that should be seriously considered, but never will because of the difficulty of fighting tradition. We literally have more hope of tossing out all laws as the ancestors suggested. It's a sad state of affairs.

    80. Re:And that is what really stiffles innovation by wootcat · · Score: 1

      I want to see our (U.S.) towering piles of laws reduced. Start a movement towards law simplification. Go through all the laws. If they are outdated or no longer apply, remove them. If an existing broader, more-simplified law covers the actions of a multitude of specific-case laws, throw the more specific ones out.

      --
      I'm really a low 5-digit Slashdotter, but this ID is where I am now.
    81. Re:And that is what really stiffles innovation by berzerke · · Score: 0

      We shouldn't allow such complex laws that we need lawyers.

      We wouldn't need lawyers to interpret the laws if we didn't elect lawyers to write them.

    82. Re:And that is what really stiffles innovation by StikyPad · · Score: 1

      We don't punish actions, we punish consequences. If I'm in a hurry and blow through a stop sign on purpose I get a fine.

      Really? What's the consequence of blowing through the stop sign in that situation, other than the fine?

    83. Re:And that is what really stiffles innovation by StikyPad · · Score: 1

      The problem is we have too many lawyers, and too many of them are involved in writing laws.

      Well that problem seems to be taking care of itself, in that many lawyers can't find jobs these days, or clients if they go into private practice. Unless you finish at or very near the top of your class from a reputable school, law isn't a particularly good field to get into right now, and even then you may face difficulty. Case in point, my wife finished top of her class with a paralegal degree, was offered a full scholarship to Columbia, which she politely declined (we live on the other side of the country), and now works in IT. The corporate attorney at her company wanted to get her into their department so she could work in her field, but she won't go because it would mean a pay cut. As it stands the lawyer actually makes less than my wife and has over $200k of student loan debt to boot. Obviously that's just one anecdote, but it seems to be representative of the state of the legal profession.

      TL;DR, yes, there are too many people in the legal profession, but many of them are finding their way into other fields.

    84. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      Seconded, also thank you.

    85. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      I used to wonder why if someone shot another person and they lived vs they died they got different punishments. What the attacker did in both scenarios is identical, yet how the victim is impacted changed the punishment for the attacker.

      The reason is you always want to leave room for the punishment to get worse. If you shot someone and it looked like they might live, and the crime was equal regardless of whether they lived or died, then why not shoot them a few more times? Likewise, if you could be sentenced to death for shoplifting, then every person who got caught shoplifting would just pull out a gun and shoot everyone who got in their way.

    86. Re:And that is what really stiffles innovation by s73v3r · · Score: 1

      Copyright has absolutely nothing to do with this problem. Fucking with it won't fix this problem.

    87. Re:And that is what really stiffles innovation by s73v3r · · Score: 1

      How would that do anything but make it easier for Zynga to rip off small studio's games?

    88. Re:And that is what really stiffles innovation by s73v3r · · Score: 1

      No, it wouldn't help in this situation. It would actually make it easier for the big guys to rip the small guys off.

    89. Re:And that is what really stiffles innovation by s73v3r · · Score: 1

      Unless you're talking about shareholders and not employees, now you've greatly crippled their ability to actually get things done.

    90. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      We already do this. We don't punish actions, we punish consequences. If I'm in a hurry and blow through a stop sign on purpose I get a fine. If I'm distracted by the guy behind me tailgating and blow through a stop sign and kill someone I'm up for manslaughter. My illegal activity, not stopping at the sign, is identical. But the consequences, and therefore the punishment are very different; in fact, they are nearly reversed from what some schools of ethics say they should be.

      Not hardly. In your first scenario you might get cited for failure to stop at the stop sign. In the second scenario, you would get cited for the failure to stop as well as reckless driving causing bodily injury. The penalty for "blowing the stop sign" is the same in both scenarios. The reckless-driving charge is a separate and discrete charge.

    91. Re:And that is what really stiffles innovation by s73v3r · · Score: 1

      Fuck off with your "You have no right" bullshit. Nobody is saying that. However, you cannot possibly think its right that another studio can come along and blatantly copy your game, and force you out of the market simply because they are bigger.

      Fuck off with your anarcho-capitalist bullshit.

    92. Re:And that is what really stiffles innovation by kiwimate · · Score: 1

      How many books does a senior software engineer typically have on his/her shelf?

      Some stuff is inherently complex and can't be easily compressed.

    93. Re:And that is what really stiffles innovation by s73v3r · · Score: 1

      You are an awful fucking person. This "Anything they do is ok since they have more money" bullshit is exactly what is wrong with society today.

    94. Re:And that is what really stiffles innovation by Solandri · · Score: 3, Insightful

      Disclaimer: I am an engineer, though I did take a couple legal courses.

      Engineers deal with a fairly static set of rules. The laws of physics do not change from decade to decade. Most of the problems we deal with can be approached and solved (or approximated) by math. Sometimes very complex math, but it's still something you can program into a computer, feed some numbers as input, and get answers as output. So in most cases you can search out the solution space algorithmically to find optimal solutions.

      Law is an attempt to codify a rather amorphous and malleable concept - what society thinks is right and wrong. It's not static, and because it's constantly changing it requires constant updates. The requirements to change the law, from number of legislators' votes, to the President's signatures, to court approval, are there to regulate the rate at and degree to which it can change.

      The reason for a case law system rather than a statutory law system is that, unlike engineering problems, it's often difficult or impossible to algorithmically determine an optimal solution to a social problem. In order to optimize you need to evaluate, and in the social domain every individual has their own valuation for everything. Different valuations means there is no single optimal solution - a solution optimal by one valuation is likely not optimal by a different valuation.

      One of the most effective solutions man has discovered for these types of difficult problems is to just throw a bunch of possible solutions out there and see what sticks. Capitalism basically does this. It's impossible to come up with one algorithm which distills all the different ways to evaluate a product - utility, reliability, aesthetics, trendiness, resale value, etc - into a single measure - a price. So every store is free to set their own price. The ones who set too high never sell, the ones who set too low sell out but don't make much money, and the ones who set it about right make lots of money from sales thus allowing them to buy more inventory to sell more. The "right price" here isn't set by any individual store or shopper. It's set by society overall, which decides what to buy and what not to buy.

      That's what case law does. One judge decides a case one way. Another judge decides a similar case a different way. Both get published, people debate about it. When a third judge gets a similar problem, the lawyers point out the two prior decisions, and present arguments for why the second judge's solution was better. The third judge takes it under advisement and makes his decision, thus adding his reasoning to this type of case. etc.

      It's this body of work which builds consensus and determines law, and allows the law to change with the times. It also harnesses the brainpower of the entire population of lawyers and judges to try to find an amicable solution. Instead of having a handful of lawyers deciding what's the best law and setting it in stone, you have all the lawyers and judges in your system working on figuring out the best law. Is it messy and complex? Yes. But like capitalism, in most cases it arrives more quickly at the most effective solution under multiple valuation systems.

      That said, there are areas where this could be optimized. As you point out, the tax code is a mess (primarily due to lobbyists inserting their paid-for tax breaks). But the types of problems law attempts to solve are very different from the types of problems engineers attempt to solve. With an engineering problem, I prioritize conflicting specifications (e.g. weight vs. strength vs. flexibility vs. price) according to the needs of the client. This allows for a relatively straightforward solution. But in law the order of prioritization itself is always up for debate.

    95. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      If you are distracted by the guy behind you, you have other problems. That's a pretty lousy excuse.

      Perhaps you live in a very rural area? Or maybe you don't drive yet? Because it is very common in some areas to have to make a decision as you come to a stop light that has just gone red or even a stop sign: "Is the car behind me going to stop? If not, will the consequences be worse when I stop and he hits me, or if I go through the intersection?". This is not hypothetical, it happens every day. When driving, recommendations are to scan your mirrors every 6 - 10 seconds. If that car is too close and is not slowing down, you have a big decision to make.

    96. Re:And that is what really stiffles innovation by s73v3r · · Score: 1

      Well, in the case you presented, the original creator is still getting credit for their work. Not much condolence, I know, but they're getting something, and that something can be used for profit later. The idea that usually comes to mind is that pirate fans will come to live shows and buy merchandise.

      In the case of the article, the original creator is NOT getting credit for their work. Someone playing the Zynga knock off of a game is thinking that Zynga created it, and doesn't know anything about the original creator. The original creator is not only screwed out of revenues for that game, but out of the potential for future revenues from fans.

    97. Re:And that is what really stiffles innovation by s73v3r · · Score: 1

      While I feel bad for the little guy, I really, really, really don't want that precedent to continue.

    98. Re:And that is what really stiffles innovation by s73v3r · · Score: 1

      Under your proposal, A might not write the program in the first place if they don't think they can recoup their investment. Obviously some open source stuff contradicts this, but not everyone can afford to just write software for the sake of writing software.

    99. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      I wonder why no one has made a game of catapulting lawyers, kind of like the "angry birds"....shoot them anywhere, the farther you catapult them, the more points you score.

    100. Re:And that is what really stiffles innovation by scot4875 · · Score: 1

      How about going back to the anti-trust regime we used to have? You know, where anti-competitive practices were against the law - and the law was actually enforced (sometimes by breaking up big companies into smaller ones).

      That'll kill jobs and lead to socialism. Why do you hate the free market?

      --Jeremy

      --
      Jesus was a liberal
    101. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      So I guess that whole first amendment thing isn't so sacred to "liberals" after all?

    102. Re:And that is what really stiffles innovation by Nyder · · Score: 1

      This is a more reasonable direction to take, but part of the reason laws are so complex is because not every situation is the same. And you could have laws with a very broad scope with a lot left to judges to decide, that would harm one of the underlying principles of common law many people agree with, the equal protection provision.

      If person A commits a given action, and person B does the exact same, you don't want the judge to have leeway to execute A and give B a month's probation. This means that laws have to be specific about different cases and their distinctions. Complexity arises naturally from that.

      Basically, I'd need to see any proposed plan of simplification before I could ever agree to it. It's a nice idea though.

      Bullshit.

      That's the lie they want you to believe.

      You telling me you can't write up something clear, in small word english that can't cover whats needed? Yes, you can. But that would make it so lawyers (which, by the way, most the law makers were lawyers, not to mention judges usually practiced law) and everyone out of jobs.

      Lawyers are tools of the rich, to stay above the law and keep the poor oppressed.

      --
      Be seeing you...
    103. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      No, that's not how it works at all. You blow through the sign, you get fined for that. You blow through the sign and kill someone, you get fined for blowing the sign *and* are additionally charged with manslaughter.

      Unless you are a powerful politician and simple laws don't apply to you. How many governors and senators have gotten away with it. From hitting a motorcyclist to driving into a ditch...

    104. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      Been to South Africa, I take it? That's the exact problem they have there. The punishments for crimes were too severe, so rather than people just not commit the crimes, they'd commit them anyways and kill any witnesses.

    105. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      That's like saying we shouldn't have programs complex enough to need coders.

    106. Re:And that is what really stiffles innovation by UnknownSoldier · · Score: 1

      > Forbidding corporations from growing larger than 50 people would clearly solve this problem.

      Ugh, I don't think you thought this through ...
      i.e.
      Company wants 60 people.

      All it does is re-organize -->

      Company S = shell, owning Company A and Company B
      Company A = 50 people
      Company B = 10 people

      The legal structure doesn't imply an operational structure.

    107. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      Let me rephrase the GP's suggestion, then: remove hirable lawyers.

      As long as your chances of success in the legal system are affected by how much you can afford to spend on legal aid, it's inherently corrupt. Make all lawyers public servants, appointed (randomly) by the court for both sides, and you avoid this problem.

      You also vastly decrease the potential salary of a lawyer, which might be unpopular.

    108. Re:And that is what really stiffles innovation by JazzLad · · Score: 1

      How many cookies are there? Not knowing doesn't make them not yummy. The difference is I don't have to obey the theories (or the cookies, though they call my name).

      --
      "If you have nothing to hide, you have nothing to fear." - Every fascist, ever
    109. Re:And that is what really stiffles innovation by Flaming+Troll+Shill · · Score: 1

      In his defense, you hadn't posted yet (for you to have read your own post).

    110. Re:And that is what really stiffles innovation by GameboyRMH · · Score: 1

      I've seen a library that contains books which contain *every single law* for a small country. That was quite a few years ago, but from what I remember the area containing these books was about 120x50ft, and had shelves going most of the way around the walls of the room (except for a roughly 30ft. wide entrance hall and a window on one of the 50ft. sides) and back-to-back shelving going down the middle of the room 15ft high jam-packed with books.

      It had a 2nd floor with bookshelves in the walls too that made it look really impressive but IIRC the actual law books were just in the downstairs area.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    111. Re:And that is what really stiffles innovation by CaptainPinko · · Score: 1

      that would harm one of the underlying principles of common law many people agree with, the equal protection provision. Perhaps then its time to revisit common law, most of the world does without it. While the idea of it seems good (i.e. more consistency in interpretation) it means that reading a law is near meaningless until you read every ruling on that law. There was a lot of interesting pieces written contrasting the two systems following the Amanda Knox acquittal.

      --
      Your CPU is not doing anything else, at least do something.
    112. Re:And that is what really stiffles innovation by CaptainPinko · · Score: 1

      I think your comment distracts more than anything. The point is that you should only be responsible for your direct actions. Driving drunkenly and hitting a child and nearly hitting a child should, arguably, have the same sentence since what differentiated the two was not intended. Now, whether you want to charge both with manslaughter or neither is a separate matter.

      --
      Your CPU is not doing anything else, at least do something.
    113. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      Who wants to come up with the next great innovation, when you know damn well that the second you do, some big player with more resources is just going to swoop in and steal it?

      Because maybe, just maybe, something that I've invented, regardless of who gets the credit in the end, might improve the world we all live in... ?

      Sure it would be nice to get a bit of cash out of it - fucking amazing to scrape an actual living out of it - but overall worth it if just makes this world a tiny bit nicer to live in...

      But I suppose it depends on your priorities in life - bloody good thing that not every person in the last few thousand years held the same priorities as you.

    114. Re:And that is what really stiffles innovation by luis_a_espinal · · Score: 1

      We shouldn't allow such complex laws that we need lawyers.

      Agreed. And since complex laws are an inevitability in any complex society, let's all disband to the four winds and randomly join into small hunter-gatherer bands where we re-learn how to make stone tools, and at night we gather to hear our elders tell the stories of a long-gone era where lawyers roamed the earth alongside the chupacabra and the bunyip.

    115. Re:And that is what really stiffles innovation by wickedskaman · · Score: 1

      THIS. I downloaded Tiny Tower because I had fond memories of playing the superior SimTower ages ago and wanted to reclaim some of the nostalgia. I stopped playing because it was a less involved ripoff of SimTower anyway.

      All this has happened before. All this will happen again.

      --
      Sand's overrated... it's just tiny little rocks.
    116. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      In Estonia for example, there are 408 laws: https://www.riigiteataja.ee/tervikteksti_tulemused.html?pealkiri=&tekst=&valjDoli1=Rahvah%C3%A4%C3%A4letusel+vastu+v%C3%B5etud+-+seadus&valjDoli2=Riigikogu+-+seadus&valjDoli3=%C3%9Clemn%C3%B5ukogu+-+seadus&nrOtsing=tapne&aktiNr=&minAktiNr=&maxAktiNr=&kehtivusKuupaev=02.02.2012&_valislepingud=on&_valitsuseKorraldused=on&_riigikoguOtsused=on&kehtivuseAlgusKuupaev=&kehtivuseLoppKuupaev=

    117. Re:And that is what really stiffles innovation by Surt · · Score: 1

      Oh, you'd obviously have to abolish corporate ownership of corporations while you were at it. Since corporations are people, that's slavery anyway.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    118. Re:And that is what really stiffles innovation by Surt · · Score: 1

      Not quite clear on where the first amendment comes into it.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    119. Re:And that is what really stiffles innovation by Surt · · Score: 1

      Sure, but it's all a matter of weighing which goal is more important.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    120. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      USPTO.GOV do a search, filter design patents.

    121. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      What's funny is this article was on here over a year ago. Forbes changed a few things and released it as news. Anyone paying attention knows this has been Zyng'a strategy since releasing Mafia Wars.

    122. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      Have you read Animal Farm?

      Not that it really matters (of course I will think you are uneducated if you don't know George Orwell), but if you have read it, you will remember the chalkboard whereupon the pigs who could read and write would write the laws.

      The problem with law is that it's established based on precedent, and as you say, rarely garbage-collected. Since codification of laws and evaluation in a courtroom context to establish precedent are both real events, that must be recorded, you really can't get around the law becoming a huge unwieldy pile of spaghetti-code.

      We could write a law together, with a goal in mind, and someone comes along next year (after the election) and writes it out of law. Here we have a pretty uncomplicated story about 3 distinct people with some abstract goals writing laws. Now I think that our job is hard, and it needs to be simplified, so I will propose to spend 1/3 of the next legislative cycle rewriting the existing laws on the books to be simpler and less full of spaghetti. Let's all three of us hire some assistants and put these 10 smart people in a room together with this goal at the top of their priorities. They all can't leave until they all agree that the new "simplified" law says the same thing that was in the old "spaghetti code" laws. Easy! Also, we should make sure they're not making as much money as we are.

      Now, where did those problems go, that we were going to try to solve?

    123. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      That's quite possibly the stupidest fucking statement I've read today. "How many laws are there?"

      I tell you what, why don't I ask you how many scientific theories there are. Can't answer? Well, I guess that means that science is bad too.

      The difference, dipshit, is that ignorance of the law is not a defense in court. Not knowing everything about science isn't going to affect your everyday life**, not knowing every law on the books could very well land you in prison any day now.

      ** Although, a basic understanding of physics will help you avoid doing something stupid like walking in front of a train or jumping off a cliff without a parachute or other precaution.

    124. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 1

      So you're requiring every citizen to know complex programming languages now? Remember, ignorance of the law is no excuse.

    125. Re:And that is what really stiffles innovation by jersey_emt · · Score: 1

      Checking your mirrors every 6-10 seconds is not enough. I check mine every 4-5 seconds. Also be sure to have your mirrors adjusted properly. If done so, there is no such thing as a "blind spot" on the majority of vehicles, and even for the ones that do, the blind spot is made extremely small. You should not be able to see the side of your own car in your side mirrors. When adjusted properly, when a car passes you, you will see it in the side mirror before it's gone from the rearview mirror. And you will see it in your peripheral vision before it's gone from the side mirror. And this will happen with every vehicle on the road. Even motorcycles will not fit in the tiny blind spot made by properly-adjusted mirrors.

      --
      My spoon is too big.
    126. Re:And that is what really stiffles innovation by AmberBlackCat · · Score: 2

      But you don't go to jail or die because you don't know every scientific theory.

    127. Re:And that is what really stiffles innovation by sqldr · · Score: 1

      ok then, remove food.

      --
      I wrote my first program at the age of six, and I still can't work out how this website works.
    128. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      your comment has been ruled invalid due to the following error: Straw man fallacy

    129. Re:And that is what really stiffles innovation by dgatwood · · Score: 1

      Do you have evidence that complexity in the law is a direct and necessary consequence of writing a just and reasonable law? That may be the case, but I have a gnawing suspicion that complexity in the law is more often because politicians have a hard time agreeing about anything, so when they finally reach agreement on something, the law that they come up with is a mish-mash of hundreds of different hands and opposed ideas. After reaching agreement, the politicians are unlikely to spend a large amount of time trying to come up with a simpler version of the law that they could also agree on - there is no benefit to them from doing so. I suspect that is the main reason that laws are complicated - there is no incentive for politicians to do anything about it and it would requires a lot of effort from them to fix the issue.

      You're half right. The main reason laws are so complicated is that everyone agrees on a general founding principle, but then a bunch of people with special interests all decide that they need the right to violate that principle with impunity, so they petition for exceptions to the law. And instead of crafting the exceptions broadly based on intent, they instead craft exceptions narrowly based on circumstances. Over time, like programmers, everyone grafts on their own little hack to carve out a narrow little exception because it takes too much work to rewrite it from scratch with proper overall design.

      For example, Title 17 (my favorite, copyright law) contains section 110. 'nuff said. Almost all of those exceptions are insanely specific niches carved in copyright law that could almost all be simplified into a few simple buckets (non-commercial performance of a non-dramatic work, performance by commercial venues in which the venue does not charge an admission fee and the use of the work is incidental to the venue's primary activity at the time, etc.) without dramatically breaking things, and such simplification would seriously improve understandability.

      Worse, most of the language, at least in that section, is very poorly organized, with long, rambling, run-on sentences that even highly educated people have to read multiple times just to understand them. That's just sad, and mostly results, again, from repeated patches without fixing the underlying architectural problems that made those patches necessary.

      Put bluntly, what the U.S. needs to do is start over from scratch. Our legal code was a great prototype/1.0 release. Now, it's time to throw it away and write version 2.0 without using one single line of the original code. That's the only way we can possibly get a legal code that is realistically maintainable going forward. It has simply become too complicated, too sprawled, too filled with multiple copies of the same code that are inconsistently patched, too chock-full of pointer aliasing, and too generally reminiscent of spaghetti code, with long jumps all over the place....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    130. Re:And that is what really stiffles innovation by chrismcb · · Score: 1

      Seriously? Zynga is not the first corporation to "copy" a game, and they won't be the last. You cannot copy the look and feel. If they wrote the game from scratch, and drew their own graphics (that didn't look like the original) there is no grounds for a lawsuit. Copyrights and patents are supposed to protect you from theft. Not from someone doing something similar, but in a better way.

    131. Re:And that is what really stiffles innovation by Skarecrow77 · · Score: 1

      no. this is wrong. you let the fucker hit you. then it is HIS fault, and not yours, when you are pushed into the intersection and involved in an accident. otherwise, if you choose to run the red light, you are at fault.

      same consequences, in one instance you are at fault, in the other you are not.

    132. Re:And that is what really stiffles innovation by farble1670 · · Score: 1

      If person A commits a given action, and person B does the exact same, you don't want the judge to have leeway to execute A and give B a month's probation.

      yes, you do, and we do, and it's why a judge gets to determine the penalty of a conviction, within some bounds.

      so let me ask, you think a guy you kills a man because that man raped and murdered his son, and a guy who kills his wife because she didn't do the laundry should get the same sentence?

      the reason laws are so complex is because not every situation is the same

      so you have judges with common sense look at the situation. the reason we are in deep doodoo now is because we've tried to write every permutation of every situation into law. the result is that the common person can't even understand the law. sort of defeats the purpose of a law.

    133. Re:And that is what really stiffles innovation by Qwade79 · · Score: 1

      If I'm in a hurry and blow through a stop sign on purpose I get a fine. If I'm distracted by the guy behind me tailgating and blow through a stop sign and kill someone I'm up for manslaughter. My illegal activity, not stopping at the sign, is identical.

      In the second one it is still your actions that cause manslaughter as a secondary offense, hence the differing results.

    134. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      Who wants to come up with the next great innovation, when you know damn well that the second you do, some big player with more resources is just going to swoop in and steal it?

      Freetards! Everything should be open and free, sure anyone with the resources to make it happen on a bigger scale will crush you because what you developed has no exclusivity, but hey that won't stop innovation, people will spend time and money innovating for no reward, yay freedom!

    135. Re:And that is what really stiffles innovation by AmiMoJo · · Score: 1

      We do try to consolidate and clean up the mess every now and again with new laws that incorporate all the changes and new rules, replacing the old ones. Generally speaking if there is a major problem with complexity in one area we will look at fixing it with new legislation.

      Unfortunately this necessary clean up is often portrayed as meddling or adding complexity. That is particularly true of regulations. The media loves seeing irate teachers or businesses slamming down huge stacks of paper on desks and claiming that they are swamped by interfering rules from above but actually 95% of it is the same as it was before.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    136. Re:And that is what really stiffles innovation by AmiMoJo · · Score: 1

      That can happen to entire nations (see http://games.slashdot.org/story/07/12/27/1514235/wto-awards-caribbean-country-right-to-ignore-us-copyright) but unfortunately not individual corporations.

      If this isn't one of the Pirate Parties' policies it should be.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    137. Re:And that is what really stiffles innovation by countertrolling · · Score: 1

      Well waddya know... We actually are under one world government, with more power than the UN. Too bad it's a dictatorship, just as genocidal as any other.

      --
      For justice, we must go to Don Corleone
    138. Re:And that is what really stiffles innovation by CCurzon · · Score: 1

      As a counter to that, the round-cornered rectangle is neither distinctive not stylized. It's really one of the few logical shapes for a tablet computer. The only other thing they could do is make the corners squared rather than rounded, which would allow exactly two tablet companies, unless you could say they only hold the design patent for black, square-cornered rectangles.

    139. Re:And that is what really stiffles innovation by IronAmbassador · · Score: 1

      so let me ask, you think a guy you kills a man because that man raped and murdered his son, and a guy who kills his wife because she didn't do the laundry should get the same sentence?

      Yes, actually, i do. A murder was committed in both cases. The motivation is irrelevant.

      If two people rob a bank and one uses the money to feed his starving family and the other uses it to buy a new car should i punish the guy that bought the new car more than the other?

      "Common sense" is not a constant. It means different things to each individual. It's this flexibility that has lead to such gross class imbalances in the law. It's the reason rocks star lawyers get their clients off on probation while your average public defender ends up with clients serving jail time for the exact same crimes.

      You want to make things simpler? Remove such flexibility.

    140. Re:And that is what really stiffles innovation by s73v3r · · Score: 1

      I'd still like things to be able to get done.

    141. Re:And that is what really stiffles innovation by spire3661 · · Score: 1

      WHat I really love about this whole situation is the ability for people to reduce this case to "wahhhh rounded corners" and dismiss Samsung's malfeasance here. If that was the ONLY thing wrong with Samsung's design, I might join you guys. The plain fact is when you look at Samsung's tab, it is STRIKINGLY and obviously similar in a way beyond pure functional need. They copied the design whole cloth and I dont feel sorry for them getting smacked around for it. Ive said this in other threads, Samsung is trying to sell Pepsi in a Coke shaped bottle. This is why they got banned.

      --
      Good-bye
    142. Re:And that is what really stiffles innovation by werewolf1031 · · Score: 1

      Dammit, there's a really good joke in here somewhere, but I just can't find it...

    143. Re:And that is what really stiffles innovation by CCurzon · · Score: 1

      I don't see "wahhhh rounded corners" in my post. Ad Hominem attacks against people who disagree won't get a discussion anywhere.

      Samsung could have done more to differentiate their design from Apples design, true. However I believe that calling Apples design distinctive or stylized is an exaggeration. Every electronic picture frame, TV, tablet, etc. is roughly rectangular and has rounded corners. They are rectangular because that is the screen shape we are used to. They have rounded corners because that is more comfortable to hold than squared corners.

    144. Re:And that is what really stiffles innovation by lonecrow · · Score: 1

      Here here. Governments already have it in their power to yank the charter of bad behaving companies. Sell them off at book value and begger the consequences for the workers and investors. Then investors will learn how to provide proper governance. The workers will be better off in the long run because as the ethics of all companies improves so will worker conditions.

      However, since governments are under the control of corporations it will just result in bloodshed as Corp A manipulates the government to dissolve Corp B.

      Bad employees get fired, bad citizens get locked up or hung, bad politicians lose elections, bad corporations need to be utterly dissolved and sold as scrap.

    145. Re:And that is what really stiffles innovation by UnknownSoldier · · Score: 1

      > You'd obviously have to abolish corporate ownership of corporations while you were at it.
      Originally that was true. Then people got greedy ...

      I would argue that places "natural" limits on how big a company can grow, and that is a good thing.

      > Since corporations are people, that's slavery anyway.
      Shhh, the corporations want their cake and to eat it too. Don't confuse them with semantics =)

    146. Re:And that is what really stiffles innovation by cavebison · · Score: 1

      We don't punish actions, we punish consequences.

      That's a really interesting point. But I think it doesn't just come down to "ethics", ie. a rational approach; it comes down to the human condition. We, all of us, naturally avoid thinking about the worst consequences of our actions. Generally speaking, human beings have an irrationally optimistic view of life.

      Otherwise we wouldn't drive cars at all, or skydive, or hunt dangerous animals for food with spears. It's origin is survival in an unforgiving world. I think we bring this natural aversion to pessimism into our modern lives in many, many ways.

      If we punished based on worst case scenario, nobody would do anything risky. Risk-taking is the basis for the success* of our entire species.

      * Relative to the past, not necessarily the future.

    147. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      Read that entire thing in the voice of the TF2 engineer.
      But anyway, Zynga are only around because some people are dumb enough to pay real money for pixels on their screens.
      What we need is propaganda, except this time it's true. Put it all over the internet depicting Zynga as the monsterous tyranny who squash the lower class people (Indie Developers).
      But even that's probably too deep for the people who pay money for their stuff.

    148. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      That's quite possibly the stupidest fucking statement I've read today. "How many laws are there?"

      I tell you what, why don't I ask you how many scientific theories there are. Can't answer? Well, I guess that means that science is bad too.

      Laws are, supposedly, heavily scrutinised before becoming mandated (This is true to all forms; i.e. government, science, nature etc). Theories otoh are fly by night and, for the most part, are tested hypothesis to be found true or false by peers; therefore: the higher the truths the closer to law. This difference is extremely important in that the former is very well documented and accepted as concrete and the latter can appear in various journals or papers and mostly go unnoticed by the general populous. Having said that, it can also be true of laws to go unnoticed. Ultimately, if the laws are, supposedly, so heavily scrutinised and very well documented then it should also be noted that they should also be accounted for...

      You are quite free to be so naive, s73v3r. It is a legitimate question that, although, in my mind, seems to be very simple and should in no way under any circumstances be neglected, but it is so unfathomably difficult to answer. Why is this so? Transparency springs to mind.

    149. Re:And that is what really stiffles innovation by AmberBlackCat · · Score: 1

      Dammit, there's a really good joke in here somewhere, but I just can't find it...

      Probably something to do with a person getting killed due to not understanding some basic laws of physics. Or not quite getting what happens when you mix an acid with a base.

    150. Re:And that is what really stiffles innovation by Anonymous Coward · · Score: 0

      Given the lawyers are the one that wrote the ambiguous, hard to understand, comprehend laws in the first place, it would seem getting rid of the lawyers would be a win on many levels.

  2. It worked for Microsoft by Anonymous Coward · · Score: 3, Informative

    And look where they are at.

    1. Re:It worked for Microsoft by Moheeheeko · · Score: 1, Insightful

      And Apple.

    2. Re:It worked for Microsoft by Anonymous Coward · · Score: 2, Interesting

      As I recall Linux is just a rip off of a much better series of OSs. But you know, that's the kind of honesty that gets one modded as a troll around here.

    3. Re:It worked for Microsoft by Barryke · · Score: 0

      Well you nailed it.

      --
      Hivemind harvest in progress..
    4. Re:It worked for Microsoft by Urban+Garlic · · Score: 1

      For something branded as "honesty", it's a little incomplete. In fact, it's probably more fair to say that the GNU tools (bash, gcc, etc.) are work-alikes of older technology. Linux, which as we all know is primarily a kernel, has evolved a great deal over the years, and has support for functionality (like journaling filesystems, for instance) that just plain didn't exist in System V or Berkeley. And, in fact, the kernel is even famous/infamous for its unstable ABI, tuning parameters, and changes in its scheduler. There's the hierarchical file system, of course, and the file-based device access scheme in /dev, but on the whole, I think it's fair to say that the Linux kernel is not, in fact, a work-alike of other OSs.

      --
      2*3*3*3*3*11*251
    5. Re:It worked for Microsoft by Riceballsan · · Score: 4, Insightful

      The difference between say windows and macOS, and even macOS and xerox, android and IOS, is still they all had unique features to a much larger degree. Zynga tower, quite litterally is a new skin on tiny tower, as farmville is a new skin on farmtown. There is a big difference between taking a general concept and adding features to it, and taking something and slightly sharpening the graphics.

    6. Re:It worked for Microsoft by stanlyb · · Score: 1

      Which OS? Microsoft is based on WindowsNT (which is somehow close to BSD but nevertheless it is "home-made"), Apple on BSD. Linux on BSD. SO, again, which OSsssssss?

    7. Re:It worked for Microsoft by Pieroxy · · Score: 0

      Care to point out what Apple did steal from others?

      And please, don't mention Xerox.

      Thanks.

    8. Re:It worked for Microsoft by Khyber · · Score: 2

      The iPod certainly wasn't the first MP3 player.

      And it's copy, not steal.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    9. Re:It worked for Microsoft by sydneyfong · · Score: 1

      Let's see what Microsoft PR dept might say.

      In fact, it's probably more fair to say that Microsoft Windows (95, 98, etc.) are work-alikes of older technology.

      Internet Explorer, which as we all know is primarily a web browser, has evolved a great deal over the years, and has support for functionality (like Javascript, for instance) that just plain didn't exist in Mosaic or Lynx. And, in fact, the browser is even famous/infamous for its non-standard features, tuning parameters, and changes in its API. There's the document.all object, of course, and the filesystem access loopholes in ActiveX, but on the whole, I think it's fair to say that the IE browser is not, in fact, a work-alike of other browsers.

      Uh, I didn't really write this just to be sarcastic. It almost sounded like you were saying what I wrote above when I read how "great" Linux was compared to its predecessors and how it's supposed to be "better" than how the big bad corps "innovate".

      Really, Linux is really just a "user friendly" and improved Unix. I love it, but it's not where you point to for evidence of innovation.

      --
      Don't quote me on this.
    10. Re:It worked for Microsoft by stanlyb · · Score: 1

      It may sounds familiar, but: THEY HAVE SWEATSHOPS.

    11. Re:It worked for Microsoft by Zero__Kelvin · · Score: 3, Insightful

      I am not an fan of Apple by any means, but you seem to be grossly misinformed. Microsoft stole from Apple, who had permission from Xerox to use the GUI concept.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    12. Re:It worked for Microsoft by Moheeheeko · · Score: 0
      "We invented the touchscreen!"

      http://en.wikipedia.org/wiki/PalmPilot

      "we invented the tablet!"

      http://en.wikipedia.org/wiki/Tablet_computer#History

      "We invented the mp3 player!"

      http://en.wikipedia.org/wiki/Portable_media_player#IXI

      I could go on.

    13. Re:It worked for Microsoft by Anonymous Coward · · Score: 0

      Linux is an expansion of 'Minix' which is still used as a college trainer OS based on Unix standards.
      Try to know something before you troll.
      (not a Linux fanboy, I have no interest in recompiling my kernels, I prefer to game)

    14. Re:It worked for Microsoft by kiwimate · · Score: 2

      Care to point out what Apple did steal from others?

      Who mentioned stealing? The debate is just talking about ripping off someone else's idea.

      And as everyone on Slashdot knows, "intellectual property" is an impossibility. (/sarcasm)

    15. Re:It worked for Microsoft by L4t3r4lu5 · · Score: 2

      Zynga tower, quite litterally is a new skin on tiny tower

      Someone should re-skin Zynga Tower.

      With the skin of Mark Pinkus.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    16. Re:It worked for Microsoft by NatasRevol · · Score: 4, Insightful

      Except that Apple didn't actually say that. They'll tell you that they built the best versions of those things, not the first.

      --
      There are two types of people in the world: Those who crave closure
    17. Re:It worked for Microsoft by Anonymous Coward · · Score: 0

      I heard from RIAA about those stolen MP3s too...

    18. Re:It worked for Microsoft by Anonymous Coward · · Score: 0

      With respect to your first two links: http://en.wikipedia.org/wiki/Newton_(platform)

    19. Re:It worked for Microsoft by Fastfwd · · Score: 1

      Did they not both borrow with permission from Xerox?

    20. Re:It worked for Microsoft by Anonymous Coward · · Score: 0

      You fucking Apple zealots just don't get it. Steve Jobs himself said that copying others was a great strategy. And he proved it. The first iPhone was a functional clone of the LG Prada that was available months earlier and the current iPhone 4 looks almost identical to the original LG Prada including shape, screen size, color and even the placement of the camera.

    21. Re:It worked for Microsoft by Karzz1 · · Score: 1

      Linux is an expansion of 'Minix' which is still used as a college trainer OS based on Unix standards.

      Linux was written completely from scratch.... It is not an expansion nor derivative of Minix.

      Try to know something before you troll.

      Hello pot, meet kettle!

      (not a Linux fanboy, I have no interest in recompiling my kernels, I prefer to game)

      Not a Windows fanboy, I have no interest in dealing with licensing issues, I prefer that my machines do work than require it.

      --
      Beware of he who would deny you access to information, for in his heart he dreams himself your master.
    22. Re:It worked for Microsoft by Bogtha · · Score: 1

      I think the difference there is that UNIX/Linux are platforms. Without independent compatible competition, people depending on that platform are locked in. That makes independent reimplementations a very valuable thing for the market.

      A better example that somebody brought up elsewhere in the discussion is Tetris, and even then it's limited to exact Tetris clones, not the endless variations that people have come up with.

      --
      Bogtha Bogtha Bogtha
    23. Re:It worked for Microsoft by bonch · · Score: 2

      Apple never claimed to have invented any of those things.

    24. Re:It worked for Microsoft by VGPowerlord · · Score: 1

      Microsoft is based on WindowsNT (which is somehow close to BSD but nevertheless it is "home-made")

      I assume you mean WindowsNT is somehow close to VMS, as they were both created by Dave Cutler.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    25. Re:It worked for Microsoft by Anonymous Coward · · Score: 0

      Or they'll claim to "reinvent" it.

    26. Re:It worked for Microsoft by Anonymous Coward · · Score: 0

      Ever heard of social engineering? While Apple did not technically steal the ideas from Xerox, it wasn't that much different.

    27. Re:It worked for Microsoft by stanlyb · · Score: 1

      But he was working for MS when he created NT, so it is home-made.

    28. Re:It worked for Microsoft by Anonymous Coward · · Score: 0

      And China.

    29. Re:It worked for Microsoft by Anonymous Coward · · Score: 0

      Game must have next gen graphics OR IT'S SHITTY GAME!

      [/graphics whore]

    30. Re:It worked for Microsoft by ArmchairGeneral · · Score: 1

      No, Apple stole it as well. Xerox tried suing them for it, and Apple tried suing Microsoft as well, but the courts at the time didn't understand the implications. In all of those cases they were thrown out.

    31. Re:It worked for Microsoft by Zero__Kelvin · · Score: 1

      Unless you count the fact that it was completely different. Learn your computer history.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    32. Re:It worked for Microsoft by Zero__Kelvin · · Score: 1

      That is correct. They did not both borrow it. Microsoft did not have permission from Xerox. Furthermore, Gates lied to Jobs and Wozniak and told them he wanted some Apple boxes to develop software for Apple, then stalled the development of said software while concurrently building a piece of garbage layered on top of DOS using Apples GUI as a template.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    33. Re:It worked for Microsoft by Anonymous Coward · · Score: 0

      Liar:

      Xerox sued:
      http://www.nytimes.com/1989/12/15/business/company-news-xerox-sues-apple-computer-over-macintosh-copyright.html?scp=3&sq=apple+xerox&st=nyt

    34. Re:It worked for Microsoft by rgbscan · · Score: 2

      Xerox was granted options on $1 million in pre-IPO Apple stock in exchange for granting a team of Apple's engineers 3 days access to PARC, it's engineers, and it's technology. Xerox was explicitly aware that Apple intended to use this time to gain knowledge on GUIs and human interface design and they were cool with it. This was all covered quite well in that old 90's PBS special "Triumph of the Nerds". The woman that managed the PARC was seriously upset and got a letter from the higher ups resolving her of any responsibility. She knew they were giving away the crown jewels to Apple.

      Microsoft on the other hand, did not have a technology license from Xerox. John Sculley of Apple was upset that Microsoft copied the Lisa (Mac) interface in a product called Interface Manager after Apple gave them Lisa/Mac source code to help them optimize their products. Bill Gates told Sculley that he was happy to cancel all Mac software development (Microsoft was the main Apple software developer at the time) if Apple sued MS over Interface Manager. Sculley blinked and signed a contract allowing Microsoft to sell Interface Manager (later renamed to Windows 1.0) in exchange for a commitment to continue to develop Mac software and a 2 year exclusive on Excel (Microsoft's then-new version of it's successful Multiplan spreadsheet package).

      So whenever this argument comes up, I just roll my eyes. Everyone is pretty much in the clear here. MS fanboys claiming Apple stole Xerox's stuff are wrong, and Apple fanboys claiming MS stole from Apple are wrong too (I suppose you can say they started copying it initially, but Apple sure caved fast). People need to simmer down.

    35. Re:It worked for Microsoft by Pieroxy · · Score: 1

      You mean to say that Apple did copy a phone in 2 month?

      Geez, they're fast !!! We gotta give them that at least.

    36. Re:It worked for Microsoft by Pieroxy · · Score: 1

      The iPod certainly wasn't the first MP3 player.

      I'm not sure where you're going with this kind of argument. I mean, apart from nowhere...

      Do you mean to say that any device replicating one function of another device is a blatant copy? You really need to have a look at how close the zynga game is to the original. That sets the bar a heck of a lot higher than that, I'll tell you that.

    37. Re:It worked for Microsoft by Zero__Kelvin · · Score: 1

      You seem to be convinced that if company A sues Company B, then that is evidence that company B did something wrong. The fact is that Jobs had permission from Xerox, and the folks at PARC (Xerox's Engineering Thinktank) were up in arms, but upper management had the opinion that the desktop computer was a pipe dream, and that these kids would never make anything of it anyway, so why not? (I was actually around developing software back then, as opposed to reading a Wikipedia entry, by the way.) If you read several different books about it, they will all tell the exact version I just wrote.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    38. Re:It worked for Microsoft by Pieroxy · · Score: 1

      Actually, the debate is over ripping off someone else's product, not idea.

    39. Re:It worked for Microsoft by Zero__Kelvin · · Score: 1

      Basic civics class dropout:

      Suing someone isn't proof that they are guilty.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    40. Re:It worked for Microsoft by Anonymous Coward · · Score: 0

      No, but it is generally assumed that they didn't have permission since they got sued.

      The liar tag on you still applies.

    41. Re:It worked for Microsoft by Anonymous Coward · · Score: 0

      Microsoft stole from Apple, who had permission from Xerox to use the GUI concept.

      INCORRECT

      relevant wiki article

      Microsoft licensed GUI parts from Apple. Apple later sued Microsoft claiming the "look and feel" of Macintosh was protected by copyright. The courts decided that Apple had licensed most things to Microsoft, and those that they did not were either not copyright-able or the only reasonable method of display data (i.e. a simple menu).

      During this, XEROX SUED APPLE claiming Apple infringed Xerox copyrights over GUI, stolen when the Macintosh design team visited the Xerox PARC research lab.

    42. Re:It worked for Microsoft by michelcolman · · Score: 1

      They "stole" plenty of ideas, and Steve Jobs wasn't even ashamed to admit it. "Good artists copy, great artists steal". Then again, they usually did something very creative with the ideas they had stolen, which is not something you can accuse Zynga of.

    43. Re:It worked for Microsoft by shutdown+-p+now · · Score: 2

      Except that Apple didn't actually say that. They'll tell you that they built the best versions of those things, not the first.

      So, exactly the same as Zynga.

    44. Re:It worked for Microsoft by Zero__Kelvin · · Score: 1

      You couldn't have got the facts more wrong, but since you post as an AC I'll take that as evidence they even you don't believe your own bullshit.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    45. Re:It worked for Microsoft by s73v3r · · Score: 1

      No, but it definitely was the first MP3 player worth buying.

    46. Re:It worked for Microsoft by s73v3r · · Score: 2

      You need to provide citations that prove they actually said those things.

    47. Re:It worked for Microsoft by s73v3r · · Score: 1

      Are you actually trying to say that the iPhone is functionally equivalent to the LG Prada, and that Apple didn't put any more innovation or improvements into it?

    48. Re:It worked for Microsoft by Anonymous Coward · · Score: 0

      Shut the fuck up, bonch. You're out of your element.

    49. Re:It worked for Microsoft by KZigurs · · Score: 1

      It's comments like this that suggest to me that I shouldn't have opted out of mod points.

    50. Re:It worked for Microsoft by Anonymous Coward · · Score: 0

      Very good summary, thank you. Wish I could mod you up.

    51. Re:It worked for Microsoft by Anonymous Coward · · Score: 0

      Hey fanboy,

      You're wrong. About ten people have given evidence showing you are wrong. Sticking your fingers in your ears and going nannhh nannhhh nannhh doesn't make you right.

      Ohh, posting anon cause I'm at work. If I was at home, I would have down-modded you for your blatant lies.

  3. aaaah by unity100 · · Score: 2

    excuse me, this is what capitalism is. shareholders are in for making money. and if there is an easier to make money, they will always push the company to do it.

    1. Re:aaaah by sakdoctor · · Score: 4, Insightful

      And that's why there are vast swathes of laws that basically act as a substitute for ethics. Because companies have none.

    2. Re:aaaah by repapetilto · · Score: 0

      I don't know if you could call taking advantage of crappy laws "capitalism". I see what you're saying though, maybe capitalistic?

    3. Re:aaaah by GreatBunzinni · · Score: 3, Interesting

      And that's why there are vast swathes of laws that basically act as a substitute for ethics. Because companies have none.

      Please don't refer to companies as if they were people. Actions taken in the name of those companies violate ethical principles because those in charge, which are the people who ultimately make decisions on how their subordinates act and subsequentially give orders, don't have ethics. Subbordinates act because someone in the organization makes a decision and orders them to enact them. In this case, Zynga employees are working on copying other titles because people like Mark Pincus, according to the report, ordered the company's employees to "[j]ust copy what they do and do it until you get their numbers." This problem isn't caused by the the legal registration of an organization, but by specific people within that organization.

      If we perpetuate this misconception that companies are to blame but not a single company employee has any responsibility on this problem then, in practice, we are giving these sociopaths a free pass on their sociopathic behaviour, and by doing this we are validating their anti-social contribution to society.

      --
      Slashdot, fix your code or at least hire someone who is competent at it to do it for you.
    4. Re:aaaah by fish_in_the_c · · Score: 3, Interesting

      that could be easily fixed by requiring that shareholders actually take an interest in the companies they fund making a law requiring that a purchased stock may not be resold for at least 5 years, should just about do it.

      --
      âoeTolerance applies only to persons, but never to truth. Intolerance applies only to truth, but never to persons.
    5. Re:aaaah by Anonymous Coward · · Score: 0

      Oh I'm sorry. I thought there was more to consider in the world than whether large corporations and shareholders are making money. Clearly I was mistaken and nothing else really matters. Thanks for setting me straight, wise one.

    6. Re:aaaah by s73v3r · · Score: 1

      And right there you have just demonstrated one of the biggest problems with capitalism.

    7. Re:aaaah by s73v3r · · Score: 1

      Of course it is. Capitalism is simply about making the most money, period. It doesn't give a fuck how that happens, just so long as you make more money next year.

    8. Re:aaaah by s73v3r · · Score: 1

      Except now you've just completely destroyed someone's ability to react to changes in the market, and changes in the world. I can't predict what will happen 5 years from now, or what will happen in the ensuing time. There are a good number of things outside of my control that could happen, causing the value of the company to drop, and my interest in investing in it to drop. But now I have to suck it out, when I might want to go invest in a better company.

    9. Re:aaaah by Whorhay · · Score: 1

      A less aggressive measure could be to simply reduce the taxes on sale of stock that has been owned for some sufficiently long period. Maybe start taxing it as regular income if sold within one year, then lower the rate bit by bit until either there is no taxes at all or a minimum of some sort.

    10. Re:aaaah by repapetilto · · Score: 1

      I still don't think the word is being used right. In that case finish the following sentences:

      Feudalism is simply about...

      Socialism is simply about...

    11. Re:aaaah by unity100 · · Score: 1

      Feudalism is simply about... hierarchy

      Socialism is simply about .... equality

    12. Re:aaaah by unity100 · · Score: 1

      Except now you've just completely destroyed someone's ability to react to changes in the market, and changes in the world

      they should only react to those changes through their corporation. not by just dumping it and buying something else.

    13. Re:aaaah by Anonymous Coward · · Score: 0

      Socialism is simply about .... theft

    14. Re:aaaah by repapetilto · · Score: 1

      Not bad. It is still summing up a complex concept, there are multiple mutually exclusive types of equality and hierarchy though.

    15. Re:aaaah by unity100 · · Score: 1

      as if making 300,000 people work and getting 99% of the proceeds was not theft ...

    16. Re:aaaah by s73v3r · · Score: 1

      Except now I have to buy enough to actually have a voice to be listened to. Your average investor who is trying to build their retirement, basically anyone who isn't Mitt Romney, won't be able to do that. The best I can do is to look at a company's numbers, see if they match up with what I'm looking for, and see if it looks like the company is going to be healthy for a while.

      Further, forcing me to hold on to stock for 5 years means that, in the near future, should some harm befall me, like illness or a severe car accident, I can't sell those assets to raise cash to mitigate it. You're probably going to respond with some BS about insurance, or proper planning, but now you're basically dictating to people how they should use their money. And at the same time, you're ignoring the fact that 1). A lot of people can't get health insurance (thank you pre-existing condition), and 2). Health insurance in the US sucks large portions of ass due to the ease at which a company can drop you.

      While I agree that stuff like HFT does far more harm than good, your plan does far more harm than good in the opposite direction.

  4. There is a good business oppertunity here by BondGamer · · Score: 5, Insightful

    Someone should start copying all Zynga mobile titles. They already have done the research and figured out what are the best games to copy. You copy their games, make what you think are the best improvements, and reap all the profits. Call it Dream Tower.

    1. Re:There is a good business oppertunity here by Stormthirst · · Score: 5, Insightful

      The irony here is that:
      a) You'd probably make quite a profit
      b) You'd get sued by Zynga - and they'd win.

    2. Re:There is a good business oppertunity here by Gwala · · Score: 1

      I don't know. I don't think Zynga would actually take it to a suit. They'd try a C&D first, but I can't see them encouraging any precedents being set that'd work against them later.

      --
      #!/bin/csh cat $0
    3. Re:There is a good business oppertunity here by Anonymous Coward · · Score: 0

      This.
      Hell, I seriously wouldn't have been surprised if the corrupt fucks tried to sue the Tiny Tower guy if he never brought it to everyones attention.

      Hell, I wouldn't be surprised if they STILL try to do it anyway. AND probably win!
      Fuck Law. Seriously.

    4. Re:There is a good business oppertunity here by Archon-X · · Score: 1

      Zynga's business plan is a perfectly understandable one.

      1. They see a product that works - they know there is a market for this product, with an approximate size of N.

      2. They make a copy of the game, knowing that they'll capture 1/Nth of the market.

      You can't say Zynga has no model or plan. Their power comes from crunching numbers, and monitizing the crap out of their products. If their competition is not doing that - it's certainly not the fault of Zynga. The long and the short of it is - companies are in business to make money. Zynga doesn't pretend to make games for fun, it's to make cash - and it obviously works.

      If, as the nay-sayers say, all Zynga games were terrible, and poor copies of other titles - then they wouldn't be making money or headlines.

      I don't care either way, but you have to acknowledge reality.

    5. Re:There is a good business oppertunity here by forkfail · · Score: 1

      Not sure you can improve on their games.

      Oh, I don't mean from a gamer's point of view - I mean from a success point of view.

      They've got psychologists and artists who know cute better than the lolcats folks; they understand exactly how to get the little rats to pull the Skinner Box levers.

      Which is why to them the actual "content" of the game doesn't matter; it's all about eye candy, about turning stripping absolutely everything except the achievements of other games, throwing in uber cute eye candy, then adding a time factor, then allowing you to buy your time back for real world money.

      When viewed that way, there is nothing to improve - they have the absolute pure, distilled version of the crack that they sell already.

      --
      Check your premises.
    6. Re:There is a good business oppertunity here by Anonymous Coward · · Score: 0

      So you put up your "Farm-Hamlet" game on Facebook. And wait, and wait. And nobody comes. Everyone is already playing Farmville.

      Zynga can copy games, and then bring new players to those games because their games advertise for each other. Farmville players hear about "SewerVille" (a copycat of SanitationWorker) and go check that out, then invite their friends.

    7. Re:There is a good business oppertunity here by tomboalogo · · Score: 1

      Coffee & Donut???

    8. Re:There is a good business oppertunity here by Anonymous Coward · · Score: 0

      You mean... Vostu?

    9. Re:There is a good business oppertunity here by Anonymous Coward · · Score: 0

      People already do this and make money of it. When Zynga does it then it is wrong.

    10. Re:There is a good business oppertunity here by Anonymous Coward · · Score: 0

      Oooh if only we could do that, it would be so nice! Imagine consumers would have choice, and providers would have to compete on service quality as well as product quality. If only... Not in Amerika though where consumers serve the corporations.

    11. Re:There is a good business oppertunity here by chrismcb · · Score: 1

      b) You'd get sued by Zynga - and they'd win.

      While you might get sued, which I doubt, but you wouldn't lose. And you could probably counter sue Zynga with a frivolous lawsuit claim. There is an incredible amount of precedence for copying an idea, especially in the game world. Do you know how many games copied Pac Man?

    12. Re:There is a good business oppertunity here by Stormthirst · · Score: 1

      Do you know how many games copied Pac Man?

      No.

      Do you?

    13. Re:There is a good business oppertunity here by Anonymous Coward · · Score: 0

      HA!
      I AM A TIME TRAVELER FROM TWO WEEKS IN THE FUTURE:
      http://games.slashdot.org/story/12/02/15/0333205/zynga-sues-brazilian-dev-for-copying-its-games

  5. That pits you against the big boy... by vinehair · · Score: 1

    ...directly in their field of expertise and strength.

    If you willingly cut out the best (and sometimes only) advantage that an independant developer has, their freedom to be creative, then good luck with that one.

  6. oooooooh by unity100 · · Score: 4, Interesting

    Removing copyright from the equation doesn't seem like it would help

    and why it would not help. the case here is, the big boy easily copying the little guy, but not allowing little guy to copy him through lawyer power thanks to copyrights. remove copyrights, and what would lawyers do ? there. you just liberated the little guy. and 7 billion little guys' innovation > any corporation.

    1. Re:oooooooh by erroneus · · Score: 1

      It would be an interesting world indeed! Software should never be a product in and of itself. Sure it's a trillion dollar industry now. But look at all the trouble it has caused. And please don't give us all the load of crap about "quality" because it's simply nonsense as F/OSS often has as good or better quality over commercial "rush to meet the deadline, we'll push out fixes later", "EULA indemnifying against usefulness, functionality or suitability" software. We all know the realities of the software game.

      Software is something people write and get paid for writing. That should be the complete extent of income from software... that, and maybe income from running said software.

    2. Re:oooooooh by JustSomeProgrammer · · Score: 5, Insightful

      You lost me. The big boy is copying the little guy. The little guy is the creator and has a game on market that the big boy just blantantly ripped off and marketed better to a wider area and with distribution channels the little guy cannot compete with. Removing the copyright would allow the little guy to... copy the game that the big guy copied from him?

      I could be missing something, but how is the situation better? Are you proposing that every living human on earth (7 billion little guys aka the population of the earth) will band together to take down the big boy when copyright is gone? Or are you saying that 7 billion people innovating separately will create more value than 3000 people teaming together (# of employees at Zynga)? That's of course assuming that people won't copy off of each other when there is no penalty to do so. I honestly don't think that something like the Pyramids, any building bigger than a hut, most games that require a diverse amount of skills to create, would be made without people teaming together. I'm pretty sure even in this case the game wasn't originally created by just one guy but by a small team of people with different skills coming together to make a better product. Some people are better creators than innovators. And innovators aren't always the greatest creators. And I have rarely seen someone with one of those skills being a great marketer.

    3. Re:oooooooh by neonKow · · Score: 5, Insightful

      Absolutely would not help. Copyrights allow little guys to get into a business. Without copyright, this wouldn't be a leaked memo; it'd be a public memo. There would be no reason for Zynga not to copy indie games if not for copyrights, and they would have the resources to market their product far better than most indie producers will.

      Removing patents and copyrights is not the solution to people exploiting a loophole in the patent/copyright system.

    4. Re:oooooooh by bonch · · Score: 3, Insightful

      Once consequence of there being no copyright law would be that the GPL wouldn't have any legal power. The GPL is a copyright license.

    5. Re:oooooooh by Anonymous Coward · · Score: 0

      Without copyright, this wouldn't be a leaked memo; it'd be a public memo.

      I've got to call you out on this line. Copyright has nothing to do with internal memos. Being internal means it has some level of confidentiality and not posted in a public location. Now that the memo is not internal anymore, it is considered leaked.

      Aside that, yeah. The idea of copyright is not incorrect to begin with, but as things usually go, if it isn't broken fix it.

    6. Re:oooooooh by Anonymous Coward · · Score: 0

      Absolutely would not help. Copyrights allow little guys to get into a business. Without copyright, this wouldn't be a leaked memo; it'd be a public memo. There would be no reason for Zynga not to copy indie games if not for copyrights, and they would have the resources to market their product far better than most indie producers will.

      Removing patents and copyrights is not the solution to people exploiting a loophole in the patent/copyright system.

      There is no reason for Zynga not to copy Indy games, even WITH copyright. Copyright protects an expression, not an idea. This is a leaked memo rather than a public one not because it's illegal but because it makes the company look bad to most consumers. That would be true even without the legal structure of copyright.

    7. Re:oooooooh by SniperJoe · · Score: 1

      I think the original poster's point had more to do with the fact that if there were no copyright restrictions, Zynga could simply say, "We're absolutely copying this game, as we like the concept but we think we can do it better." Zynga could shout it from the hilltops because there was no legal reason for them not to. Because copyright laws can lead to large monetary settlements for infringement, copyright has absolutely everything to do with it being a confidential, internal memo rather than a public document.

    8. Re:oooooooh by 3.5+stripes · · Score: 1

      Who cares?

      It's there because there are copyright laws, if there were none, it wouldn't need to exist.

      --


      He tried to kill me with a forklift!
    9. Re:oooooooh by Bucky24 · · Score: 1

      Software is something people write and get paid for writing. That should be the complete extent of income from software... that, and maybe income from running said software.

      Are you saying here that the complete extent of income from software should only be enough to cover the salaries for people who write it? Or are you saying that the only income involved with software at all should be programmer salaries?

      --
      All the world's a CPU, and all the men and women merely AI agents
    10. Re:oooooooh by sootman · · Score: 1

      Funny--several comments deep and it's "copyrights are good/bad; would help/wouldn't help."

      Copyrights, as described in the U. S. Constitution, are indeed good. They should a) exist and b) be reasonable. It's "B" that's gotten fucked up in recent times. "B" is where the problem is. Not "A". It's not an all-or-nothing scenario. There are not only two choices. ("Abolish them" or "keep them as they are.") Go back to a reasonable time--14 years is as good as any--and a lot of things would be better. Oh yeah, and get rid of "ninety bajillion dollars per infringement" as well.

      Patents need to be reformed as well but of the two I think copyright is a lot simpler.

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    11. Re:oooooooh by cdrguru · · Score: 1

      The one problem with that is the player with the biggest distribution channel wins every time.

      Imagine a world where anytime anything was released Sony would grab it up, relabel it and release it through their sales channels. Everything would be Sony-branded. Or WalMart. Or any other huge company. Likely as not they would simply stake out turf that was exclusive so Sony would take software and consumer electronics and GM would take cars. Amazon would be the source for anything textual - and any other publisher could just go pound sand.

      Sure, a small fraction of people might understand this was happening and try to "go to the source". They would eventually fail because nobody would win out in this world except the mega-distributors. Why produce anything when you aren't going to get anything for it? Oh, because your ego commands you to? Yes, then we end up with everything sounding like Darwin Reedy or the Shaytards - search on YouTube for some classic ego-driven user contributions.

      Sure, it would be fun to try for a week. But I think a week is about all the planet could stand.

    12. Re:oooooooh by Anonymous Coward · · Score: 0

      >>There would be no reason for Zynga not to copy indie games if not for copyrights
      Apparently there is no reason for Zynga not to copy indie games with copyrights either. It is time to admit that copyright has no relevance and that only financial resources matter. Which is exactly the same case we would have in the absents of copyright. The only difference is that, currently, we have to feed lawyers.

    13. Re:oooooooh by xhrit · · Score: 3, Informative

      The thing is, you can't copyright game mechanics. You can copyright an implementation of the mechanics, but not the mechanics themselves. For example you can write a rulebook that explains your game's mechanics and your competitors will be unable to copy your rulebook verbatim, however there is no law preventing them from re-writing your rulebook in their own words, and publishing a game that uses the exact same mechanics, and as long as they don't use any of your copyrighted text or images you have no legal recourse.

      Same thing with software. You can write the most innovative piece of software ever made, but your competitors can clone every feature your product has and as long as they do not use any actual code or graphics from your product there is nothing you can do to stop them.

      Ref. Warzone vs. Warhammer, Navigator vs Explorer, Doom vs Doom Clones, etc, etc...

    14. Re:oooooooh by Anonymous Coward · · Score: 0

      why the fuck do you even bother to show up here anymore? here you are with the fucking GPL trolling again.

      your shill plan has been exposed and we all know about it. just leave and don't come back.

    15. Re:oooooooh by spire3661 · · Score: 1

      The 'abolish them' sentiment comes from the fact that it is the copyright holders that have successfully extended copyright far beyond the original intent and broken the social bargain. Alot of people feel this position has been abused to the point whee the only truly viable alternative is to abolish the system entirely. People will still create art and music and videos, whether copyright exists or not. Copyright is a nicety that we extend to help promote art creation, it is not the sole spur of art or is it even a basis of it. Copyright is not REQUIRED for people to make art, merely an incentive. The incentive has become worse then the problem it attempts to solve.

      --
      Good-bye
    16. Re:oooooooh by Grishnakh · · Score: 1

      Sounds good, except the people who did the abuse aren't always the same people being rewarded by copyrights for their new works. The people who pushed through the first extension (back in the early 20th century IIRC) are probably all dead now. But there's brand-new creators today that are making a living with copyrighted works who had nothing to do with these overly-long terms. The massively-popular Angry Birds, for instance, was made just a few years ago by some recent university grads from Finland (and still living in Finland; the company is based there). They obviously didn't have anything to do with Sonny Bono and these stupid copyright extensions in American law, but they're making a fortune off their game thanks to copyrights.

      Copyright is a BIG incentive to make art. Without it, the only incentive is your own desire to create, but people who work full-time don't have that much free time for intellectual pursuits like that, when they're busy working some soul-sucking job 8-5, and then are too mentally drained after work to do anything else, leaving only the weekends at best (and that's if they're well-employed, and not stuck with shitty jobs and having to work 2 or 3 part-time jobs to pay the bills). Copyright lets these people make a living creating art or other works, and dedicate their time to it instead of trying to get by being a barista, and as a result, we get more art in our society. The problem is with the ridiculous copyright terms, those works never make it into the public domain any more.

      The answer is to drastically shorten copyright terms, perhaps to only 5 years, with extensions available for massive fees.

    17. Re:oooooooh by s73v3r · · Score: 1

      So you're basically allowing the big guy to copy the little guy outright, instead of making them work a little bit?

      Copyright has nothing to do with this problem, and abolishing it won't solve it. Get rid of copyright, and Zynga is just going to be even more blatant about their ripoffs.

    18. Re:oooooooh by s73v3r · · Score: 1

      Software should never be a product in and of itself.

      So I shouldn't be able to sell the product of my hard work? I should only be able to make money off of software that someone else had decided they need? Awesome. Now it's nothing but .NET CRUD apps in my future.

      Software is something people write and get paid for writing. That should be the complete extent of income from software...

      Books are something people write. Yet, people don't get paid just for writing books, but from selling the actual book/ebook itself.

    19. Re:oooooooh by s73v3r · · Score: 1

      Yes, but without copyright, Zynga wouldn't even have to do it themselves. They could just lift the code and use that.

    20. Re:oooooooh by s73v3r · · Score: 1

      And then all of a sudden, one of the important clauses of the GPL, that stating that you have to contribute back your changes and open your source in exchange for using GPL code, is now unenforceable. There would be absolutely nothing stopping a big company from taking GPL code, closing it, and never contributing back their changes.

    21. Re:oooooooh by StikyPad · · Score: 1

      True, but without copyright, would the GPL be necessary? Source code is nice and all, but it's not strictly necessary in order to reuse existing software verbatim. Cracking is a pervasive form of binary reuse, though it's typically not thought of in those terms.

    22. Re:oooooooh by Anonymous Coward · · Score: 0

      But WHY is Zynga big? Ask yourself that.

      It's BECAUSE they can profit from their business model, which is making expensive, laborious copies of others' works. These copies are then defended by the same copyright law that was worked-around in order to produce them.

      On the other hand, if there were no copyright to enforce, expensive, laborious copies would not be profitable. Business models would have to then change to a patronage model, which rewards new _work_ rather than new _copies_. Does it help the makers of Tiny Tower today? Probably not. But treat the disease, not the symptoms.

      So, yeah, "removing copyright from the equation doesn't seem like it would help." You're if you're thinking short-term, case-by-case. Long-term systemic change is needed, and that happens at the incentive level, not after the work has already been done.

    23. Re:oooooooh by AmbushBug · · Score: 1

      I agree with you, but I would like to point out that (as far as I understand the GPL) there is no requirement in it to "contribute back your changes". You just have to provide the source code if you redistribute it.

    24. Re:oooooooh by sabt-pestnu · · Score: 2

      > and as long as they don't use any of your copyrighted text or images you have no legal recourse.

      ... Unless they use some of your patented algorithms/methods, or use your trademarked game terms...

    25. Re:oooooooh by erroneus · · Score: 1

      No, you shouldn't. Programming is not "hard work." If you think it is, then you should do other work. Programming is a game, a riddle, a challenge or other times boring as hell. But it's not "hard" unless you're not suited to the task.

      You should learn something about the beginnings of "copyright." You know, like who and what it was for and all that. Shakespeare didn't need copyright to be motivated to write. Writing was a necessary step for putting on the show. And the wide variety of human works did not require similar protections for them to come about. You accept copyright as a natural right, but it is anything but.

      You know, as the study of man and animals continue, we are continually running out of differences and distinctions between the two. But one thing definitely stands out about humans -- the need to and the ability to share and compile knowledge and information. Humans also have an inherent need to build and create things. Our motivation to do so is in our genes. To turn it into a "money for nothing" business is a perversion of our very nature.

      I haven't convinced you of anything, I know. The people who understand what I am saying already agree with me. Your belief can't be swayed with facts -- belief rarely is. But just maybe you have the capacity to see things from another angle to see if it's valid... maybe. But since coding is "hard work" to you, I'm going to doubt it.

    26. Re:oooooooh by AmiMoJo · · Score: 1

      So I guess the only option for the little guy is publicly shaming the big guy on the internet and getting from free publicity?

      It sounds like we need to think of games as creative works like music. If you blatantly rip off someone's song they can sue you for royalties.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    27. Re:oooooooh by KDR_11k · · Score: 1

      Define "hard". Construction work is physically demanding but practically any human can do it, therefore the demand of workers in the industry is far below the supply. Programming is a very rare skill among the human population, therefore the demand of workers is above the supply. If difficulty isn't defined by how much of the human population is capable of performing the task, then what is difficulty?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    28. Re:oooooooh by chrismcb · · Score: 1

      Removing copyright from the equation doesn't seem like it would help

      and why it would not help. the case here is, the big boy easily copying the little guy, but not allowing little guy to copy him through lawyer power thanks to copyrights.

      There was NO copyright violation here. THAT is why removing copyright wouldn't help.

    29. Re:oooooooh by KDR_11k · · Score: 1

      Zynga produces free-to-play AKA pay-to-do-anything-else games. They rely on feedback through social media and incentivize people to advertise to each other in order to get ahead (e.g. spamming your friends with what amounts to advertising for the game). They don't care about copies being available because their games propagate through peer pressure and stick through basic conditioning. As long as they can brute force their way to a critical mass of players (e.g. through extensive advertising campaigns) the feedback mechanisms ensure that their games rake in tons of money.

      Tiny Tower is a game in the same "genre" but got lauded for being user friendly (i.e. sacrificing some profit opportunities for being nicer to people). It has no big marketing budget so its success comes down to its own strengths and a crapton of luck. Now Zynga is swooping in and trying to steal away TT's userbase by brute force (i.e. spending money) after failing to simply buy the developer out. People are upset because large piles of money are used to make the situation worse for society as a whole (by replacing a user-friendly game with a more exploitative one and moving income from the innovators who improved society to a parasite that refuses to improve society).

      Copyright has very little to do with it, these games already operate on a software-as-a-service model.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    30. Re:oooooooh by parkinglot777 · · Score: 1

      ... Unless they use some of your patented algorithms/methods, or use your trademarked game terms...

      You cannot patent "algorithm" either. Also, the patented methods are the implementations of mechanism, not the mechanism itself.

    31. Re:oooooooh by JustSomeProgrammer · · Score: 1

      treat the disease by killing the patient?

    32. Re:oooooooh by s73v3r · · Score: 1

      Programming is not "hard work." If you think it is, then you should do other work.

      Yes it is. How can you say otherwise? Is it because you don't break a sweat while doing it? So fucking what. Physical exertion is not the only measure of whether something is hard work.

      You should learn something about the beginnings of "copyright." You know, like who and what it was for and all that. Shakespeare didn't need copyright to be motivated to write. Writing was a necessary step for putting on the show. And the wide variety of human works did not require similar protections for them to come about. You accept copyright as a natural right, but it is anything but.

      I don't accept it as a "natural right". I fully understand that it's a right that exists only because of society. Just like every single one of those "natural rights" you claim exist. None of them are natural. Outside of society, you don't have a right to anything. Go try telling a lion you have a right to exist. He'll tell you to fuck off while he tears your head off.

      I haven't convinced you of anything, I know. The people who understand what I am saying already agree with me. Your belief can't be swayed with facts -- belief rarely is. But just maybe you have the capacity to see things from another angle to see if it's valid... maybe. But since coding is "hard work" to you, I'm going to doubt it./quote.

      Go fuck yourself. Seriously. You haven't convinced anyone of anything because you're being a smug little asshole. Yes, I understand that humans have this natural desire to create, and that most people would still do so without copyright, or an ability to make money off of it. Doesn't change the fact that I should be able to make money off my ability to write software, and I should choose to be able to do so by selling the product. Don't agree with it? Fine. Don't buy the fucking product, and don't use it either.

      And go fuck your "The only hard work is physical labor" bullshit. In many instances, physical labor is EASIER. Know why? When the whistle blows, someone who has a construction job or a retail job gets to go home and doesn't have to think about work anymore. They get to go home, knowing exactly what they accomplished that day, and have a sense of pride accordingly. They can concentrate on other things, because there aren't nagging problems in the back of their head. Those of us who do knowledge work? No such luxury. There are days where you can't be certain that you actually got something done, because you're still in the middle of it, or the problem is in flux. And you don't really get to "go home", because the problem is always in the back of your head.

    33. Re:oooooooh by s73v3r · · Score: 1

      The requirement is there if you distribute the work. Its true that if you only use it yourself, you don't have to distribute back. But those cases aren't as common.

    34. Re:oooooooh by erroneus · · Score: 1

      Well, you just broke down into anger and vulgarity. You lost.

      I never asserted that the only hard work is physical labor. I never even implied it. Programming is "hard work" only if you're not naturally inclined to that kind of work. Personally, I find it quite easy and natural. According to you, you find it difficult.... hard. Do you see the difference?

      You know, a big part of the problem with programming as an art today is people such as yourself who actually find it hard and somehow worthy of "residual income." (I make a box and make it available to you. And every time you use the box, you pay me money! Such a great deal! Or I make a procedure for how to do something and every time you follow the procedure, you pay me money!) People who are not suited to the work do a crappy job most of the time and it seems these days, we see a LOT of crappy commercial software. In fact we see a LOT of crappy commercial services too which are routinely and repeatedly being trashed and compromised by people other than those interested in making money for nothing.

      Sure. Go ahead and make money from writing software. I don't have a problem with that. It's the evils of "residual income" that have larger impact on the larger world. We are in the midst of serious global financial problems. When various things have either an unlimited supply or an unlimited demand, people end up getting screwed because of the people with a "money for nothing" mentality. Healthcare has unlimited demand and nearly unlimited prices as a result. The problems with the telecoms are another great example -- selling us SMS messages even though they represent no additional cost or burden to them -- the 140 bytes get sent whether there is something to say or not! The publishing industry? Music, movies, even books and especially software are all limitless supply with artificial restrictions on them. To get paid for creating content is fine. To get paid numerous times for doing something once is not. If you disagree with alimony then you probably also disagree with residual income for doing nothing.

      I would be most entertained to know what software you are making money off of. Frankly, I rather doubt you actually are. I'm more inclined to believe someone else is making money from your "hard work" and that you merely aspire to be like those people. That's why the current version of "american dream" has been bad for society lately. People are extremely reluctant, often times, to regulate the rich because they somehow believe they too can be billionaires. That club is a lot more exclusive than you think. (Note the original american dream was "work hard, live well." Now it's "dream big, expect to get filthy rich.") The real reality of existence in the world is that even if you are one of the successful "money for nothing" operators, you literally depend on hundreds or even thousands of others who continue to perform work for a living and get paid only for that work.

      Now, imagine a world where EVERYONE gets paid forever for doing their work once. It's not hard to see where things break down. But if only a few people play the "money for nothing" game, then it kind of works right? But now we are talking about "division of class" here... those who play the game and those who don't. Of course everyone wants to be in the money for nothing class and so they aspire to be in that class -- just like you. But that class cannot possibly exist without the enormous combined support of those not in that class. We're actually talking about one class leaching off of the other class not in any symbiotic sense but in the parasitic sense. The "money for work performed" class can exist happily without the "money for nothing" (or perhaps more fairly "residual income") class.

      You probably never realized what you have been saying every time you say it, but your expectation for residual income from work performed once speaks of your desire to exploit everyone else in the "daily workers" class. You probably don't think of yourself as evil or exploitative. You simply want to live that dream.

    35. Re:oooooooh by Anonymous Coward · · Score: 0

      It's not about ammount of people. Ammount has nothing to do with it. It's about resources.

      Imagine. Guy comes up with idea, potentially potentable. Big company like IBM potents it first(remember, it's not about wh invents first, its about who patents first), guy screwed and PUNISHED for using his own idea. You can ofcourse say that 'but orior art!' and you will fail. 1 lawyer that little guy can afford(IF can afford) can't fight little army of IBM lawyers. Innovation stiffled. IBM makes money, while original guy and rest of them can't use technology IBM has stolen. This is just example. IBM is just a name here, I am not claiming they do it, i just used it, because everyone knows this name.

      Now other way around. We kill copyright law. Suddenly patents are no issue. Small guys start to strive. They can now use math formulas that were potented before. Big companies have products they developed for longer time, so it wont ruin them over night, but it will put additional competition pressure. It will either destroy them or shape em up. Either way, cunsumers are in win/win situation. Same as little guys. They now can do business and compete with bigger players without being sued into oblivion.

    36. Re:oooooooh by Anonymous Coward · · Score: 0

      it would succeed if it is gone. To make things better, people, competition would organise itself to work with itself to make software better.
      I give you example. Linux kernel. Linux kernel is a trend. It's a tool. Many people use it, not because it's 'GPL'd' but because it has open source. And we are taling about competition here. Intel adds code here. AMD adds code here. ARM code is there. Microsoft code is there. Imagine. Suddenly GPL is no more. Will Linus stop work on kernel? NO! pretty sure of that. Will AMD just grub its code and make its own tree? NO! Same with Intel. Microsoft prolly will steal a lot of code from there, but that will only make it's OS better, but in return it wont be able to charge everyone with its FAT32 patents, so people may suddenly walk away from them, as apart from direx X they dont do anything ubercool in software department. No generall changes overall. People adapt. Not adaptng to current conditions - is a problem. Universal problem to whole specie and entity of it. Laws, are now our alternative nature. We depend on them. So in a sense, in current society lawyers are sharks.

  7. Honest question: is it legal? by Anonymous Coward · · Score: 1

    In the context of copyright and games, is this legal? Do the makers of Tiny Tower have legal recourse?

    1. Re:Honest question: is it legal? by blueg3 · · Score: 1

      In general, the design of a game cannot be copyrighted. Graphical elements and the text of the rules can, but not the overall game. This is why there are so many board-game knockoffs online.

    2. Re:Honest question: is it legal? by chrismcb · · Score: 1

      In the context of copyright and games, is this legal? Do the makers of Tiny Tower have legal recourse?

      Yes it is legal. No they do not have any legal recourse. What they HAVE done is probably the best thing they can do.

  8. If the competition isn't copyrighting/trademarking by msobkow · · Score: 1

    If the competition isn't copyrighting and trademarking their games as companies used to in the era of "Pac-Man" and "Space Invaders", then they haven't got the tools needed to defend themselves against Zynga's predatory practices.

    There have been many precedent setting cases in the US and Canada where competitors who cloned and renamed games without altering the play were able to defend against their predators, and force the competition off the market.

    In short, Zynga's approach is NOT legal, but it's not something the FBI is going to investigate, either. They have to be pursued by the individual companies whose products are being cloned.

    If Apple can force HTC and Samsung into a corner because of "design similarities", then the game companies should be able to lynch Zynga the same way. IP theft is IP theft, regardless of the scope or scale of the theft. The question is whether any of the competitors have the deep pockets for lawyers that Zynga does -- because the case will take YEARS to run through all the appeals before a final victory for either side.

    --
    I do not fail; I succeed at finding out what does not work.
  9. Try Harder! by Anonymous Coward · · Score: 0

    As some wag once said, "If you aren't stealing the competition's ideas, you aren't trying hard enough!"... :rolleyes:

  10. But in what field? by sakdoctor · · Score: 4, Insightful

    Zynga's field is 'scummy games for retards'. Does it really matter if innovation in that field is stifled?
    Perhaps the parasite will kill it's hosts.

    1. Re:But in what field? by s73v3r · · Score: 1

      What's to stop shit like this from bleeding over into the rest of the gaming sector?

    2. Re:But in what field? by Anonymous Coward · · Score: 0

      It already has done - it's called the console.

  11. Copyright!!!! by stanlyb · · Score: 1

    The problem here is not the COPYRIGHT, but the COPYCAT. And actually, that is the main reason of creating the copyright, to prevent the copycat, not to prevent the copy-use, copy-download. What Zynga is doing is stealing in its true meaning. Not fair use, not format change, but STEALING.

    1. Re:Copyright!!!! by Anonymous Coward · · Score: 0

      Copyright doesn't apply here. If they had copied the exact code for the game or the exact graphics, that would be a copyright violation. But producing a game using the same mechanics is not.

    2. Re:Copyright!!!! by fish_in_the_c · · Score: 1

      The problem here is not the COPYRIGHT, but the COPYCAT. And actually, that is the main reason of creating the copyright, to prevent the copycat, not to prevent the copy-use, copy-download. What Zynga is doing is stealing in its true meaning. Not fair use, not format change, but STEALING.

      ?? what are they stealing?
      What property , that belongs to another person have they taken?
      What right to money , that belongs to another person have they taken?
      They are creating Knock-offs( like has and is done for just about every product in the market, for most of human history) .
      Sometimes their imitations sell better.

      The whole , you are stealing if you violate copyright, is about half wrong headed as well.
      Violating copyright is stealing under the second not the first question. It would cease to be stealing if the laws were changed.
      It is certainly stealing , to violate the social contract and betray people trust, by not giving them money they are owed under the law.
      However, that is bounded by changes in the law. How can you be stealing something from someone by not giving them money they have no legal
      and therefore no reasonable, right to expect you to give to them?

      The idea of 'intellectual property' is an artificial construct, created because information can have monetary value, but because it is artificial , it is like a virtual object.
      it only exists in so much as the 'legal' code causes it too.

      if i copy work that was written by Beethoven and change it by adding elect guitars and record it with digital drums.
      Have I stolen something from him?

      You can't steel what isn't there to steel.

      --
      âoeTolerance applies only to persons, but never to truth. Intolerance applies only to truth, but never to persons.
  12. Been there, done that by TheJabberwocky · · Score: 1

    Second verse, same as the first...

  13. Re:If the competition isn't copyrighting/trademark by msobkow · · Score: 3, Interesting

    And if the originators of the game ideas win the case, I strongly recommend that they demand jail time for Pincus seeing as he's clearly documented that this is a POLICY of the company under his leadership, so he can't pin the blame on some middle manager and fire him instead. Jail time would mean losing out on any cash settlement, but by the time there's a victory, no one will probably still want to play that particular style of game, so it won't help with FUTURE revenue for those companies.

    The question is whether the competitors want to PUNISH Zynga's leadership or PILLAGE them for cash. Unfortunately I suspect most of them will settle for cash, and Zynga will therefore just treat it as a cost of doing business and continue ripping off competitor's ideas.

    --
    I do not fail; I succeed at finding out what does not work.
  14. Google + iPod by Anonymous Coward · · Score: 4, Interesting

    Of course, Google didn't just come out with a search engine that was a copy of the competition. They created the innovative PageRank algorithm, for which they were awarded a patent and were featured on the cover of Scientific American, which made their search engine much, much better than the competition (AltaVista.) Even today I am constantly surprised by how good Google is at figuring out what I'm searching for.

    The iPod too wasn't just an MP3 player. Competing MP3 players at the time had crap software that made it hard to load them up with music, poor UI, and either bad form factors (Nomad) or almost no storage (flash based devices.) What really made the iPod take off was iTMS.

    Remind me again how Mafia Wars was different from Mob Wars? Maybe some better graphics?

    1. Re:Google + iPod by msobkow · · Score: 1

      Mod parent up. This AC is absolutely right -- the comparison to Google and Apple is a red herring -- it's not the same situation at ALL.

      --
      I do not fail; I succeed at finding out what does not work.
    2. Re:Google + iPod by Archon-X · · Score: 1

      You've never used an iPod right?
      iPods were/are well designed, look good, have great interfaces, etc - but getting music onto them is horrendous.

      You can't just copy music on / off. You can't click and drag playlists across. You can't copy your music off (easily). iPods are many things, including "victim of bad software"

    3. Re:Google + iPod by Anonymous Coward · · Score: 0

      Manually dragging shit around sounds like an annoying hassle. I've always liked being able to take the time to set up my playlists in iTunes and then check a checkbox beside the ones I want on my iDevice. Not being able to easily copy music from the iPod was likely a concession made to the record companies. But really, who cares? My music is already on my computer, and backed up elsewhere. If you manage to lose your music files so the only remaining copy is what's on your iPod, you can find a utility to extract them-- but you should take more care so you never end up in that situation.

    4. Re:Google + iPod by scot4875 · · Score: 1

      iTunes works fine if you use it in the way that Apple thinks you should want to use it.

      iTunes is a huge piece of shit if you try to use it in any other way.

      --Jeremy

      --
      Jesus was a liberal
    5. Re:Google + iPod by makomk · · Score: 1

      Competing MP3 players at the time had crap software that made it hard to load them up with music, poor UI, and either bad form factors (Nomad) or almost no storage (flash based devices.)

      Apple solved this by finding the only company that had started making disks small enough to build compact MP3 players with and entering into an exclusive contract with them, making it impossible for any of their competitors to get their hands on them. (Oh, and I seem to recall that they were later sued for patent infringement by Creative over copying the Nomad UI.)

  15. What's wrong with that? by pruss · · Score: 5, Interesting

    When the Tetris folks try to squash all the Tetris clones, people here think that's bad, and we're right that it's bad to squash Tetris clones. There is no copyright on concepts. But the same applies here. It shouldn't matter too much if it's a big company copying the ideas of a small developer did or a small developer cloning the ideas of a big company. It would, of course, be polite for the big company to offer some sort of thanks, though.

    I looked at the side-by-side screenshots, and while the basic (uncopyrightable) gameplay ideas are very parallel and presumably copied, the graphics (which are copyrightable) are significantly different in style. And looking at coin amounts in the two screenshots, it looks like the rules weren't copied either (not that there would be anything wrong with copying rules, since there is no copyright on game rules, only on their written expression).

    Early in January, I released on Amazon's Appstore a popular app aimed at the Kindle Fire to dim the too-bright screen. About two weeks later, two others appeared. I don't know if there was copying of ideas going on. But even if there was, what's the big deal? The competing apps have somewhat different interfaces, and differ a little bit in feature set, and now consumers have more choice. And inspiration in respect of additional features can go both ways, and as a result all the apps can get better.

    1. Re:What's wrong with that? by Merk42 · · Score: 1

      I forgot I already posted but i wanted to mod you up!

      The mentality seems to be this:
      Big Guy copies Little Guy = EVIL!
      Little Guy copies Big Guy = A OK!

    2. Re:What's wrong with that? by msobkow · · Score: 1

      But copyright can apply to game play specifics, and has been used to win cases against game clones in the past. However, it's easier to apply patents than copyright in such cases, because patents are for any implementation, whereas copyright is a tough battle unless you can show they COPIED the code itself.

      However, I think it would be FAR easier to demonstrate UI infringement with an HTML interface than a low-level graphics interface.

      --
      I do not fail; I succeed at finding out what does not work.
    3. Re:What's wrong with that? by ieatcookies · · Score: 1

      I'd mod you up but I've already posted on the thread. You've hit the nail on the head but it's going to fly over the /. crowd. This is the detail in the suit zynga brought against Verdu - Verdu was caught lifting assets from Zynga. There are other poker games on the Facebook market despite Zynga having the first one on there.. and some look remarkable like Zynga's poker, but they remain, because concept/game mechanic is not protected like that, for damned good reason. If it was, we'd have very few games in the world. It would be like if only one car company could make cars...

    4. Re:What's wrong with that? by msobkow · · Score: 1

      I see what you mean about not being able to patent or copyright the CONCEPT behind a game, though, if you mean concept as in "general class of gameplay." There are many first person shooters implementing the concept, but each has a copyright-protected style of gameplay specific to each game.

      e.g. No one has ripped off Halo specifically, but there are many games where you run around with sci-fi and common weapons and shoot aliens or soldiers.

      --
      I do not fail; I succeed at finding out what does not work.
    5. Re:What's wrong with that? by Anonymous Coward · · Score: 0

      Copyright restricts the copying of the "artistic idea." It's narrow - the degree of copying has to be pretty significant - but it's broader than literal reproduction.

      In the landmark case of Steinberg v. Columbia Pictures, an artist created a sketch for a cover of New Yorker Magazine that showed (in the foreground) New York City in great detail, and (in the background) the rest of the world in sort of vague generalities. A different sketch to promote the film "Moscow on the Hudson" was created that used the same idea, and was found to have infringed the copyright of the original work. To be clear, it was a totally different sketch by a different artist - but the appropriation of the specific artistic idea was ruled a copyright violation.

      Seems directly applicable here, and generally to Zynga's business model. (And yes, IAAL.)

    6. Re:What's wrong with that? by jjp9999 · · Score: 1

      Well said. I think it's just the nature of companies like Zynga that tend to bother me - companies that care nothing about customers or innovation, and only care about numbers and stuffing their pockets. It's interesting though where the market is now with indie games - small developers actually do stand a chance against the big companies BECAUSE they still believe in innovation and their customers.

    7. Re:What's wrong with that? by pruss · · Score: 1

      I am not a lawyer either. Note that according to Wikipedia there was a lot of specificity in the copying in Steinberg v. Columbia Pictures: "the court cited the angle, layout, and details of the four city blocks depicted; the use of color on the horizon and sky; the distinctive lettering used in both for place names as well as the title at the top; and the overall stylistic impression of the two works". I am uncomfortable with that decision myself, though, and I'm even more uncomfortable with the alas well-settled law that fictional characters can be copyrighted.

      What is most relevant to the Zynga case, though, seems to be the fact that US Copyright Office refuses to issue copyrights on game rules.

    8. Re:What's wrong with that? by Halo1 · · Score: 1

      I see what you mean about not being able to patent or copyright the CONCEPT behind a game, though, if you mean concept as in "general class of gameplay." There are many first person shooters implementing the concept, but each has a copyright-protected style of gameplay specific to each game.

      "Style of gameplay" is not a copyrightable entity, at least not in the sense that I understand that term (which may differ from your definition). The graphics of a game are copyrightable, the music is copyrightable, and the story can be copyrightable if it is sufficiently creative (only "creative works" are copyrightable, but there is no objective lower boundary for what constitutes a creative work because that simply cannot be objectively defined). Style of gameplay or rules for games are however not copyrightable. And that's a good thing overall.

      --
      Donate free food here
    9. Re:What's wrong with that? by neonKow · · Score: 1

      I don't think what you said agrees with what he said that all.

      Neither is okay, but only one is really successful, and it involves the little guy getting shafted hard. Competition and innovation sufferr in both cases.

    10. Re:What's wrong with that? by jahudabudy · · Score: 1

      Are the Tetris clones duplicating the same exact shapes, with the same color scheme, same algorithm for generating the next shape, same point system for rewarding a player for removing a row, same level progression design, same music, etc.? If so, they absolutely should be squashed. If they merely copy the idea of dropping random shapes, allowing the user to manipulate them in order to fill in rows and gain points, then they shouldn't be squashed. From what I have read (haven't played either game) it sounds like this is more akin to the first scenario I posited.

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
    11. Re:What's wrong with that? by Merk42 · · Score: 1

      I should have clarified I felt it was a stupid mentality, thus agreeing with his point. You can't be angry when Company A copies Company B's product, but perfectly okay when Company B copies Company A's product.

      You either think copying an idea is fine or not.

    12. Re:What's wrong with that? by ieatcookies · · Score: 1

      Well said. I think it's just the nature of companies like Zynga that tend to bother me - companies that care nothing about customers or innovation, and only care about numbers and stuffing their pockets. It's interesting though where the market is now with indie games - small developers actually do stand a chance against the big companies BECAUSE they still believe in innovation and their customers.

      This statement is contradictory in nature, especially when it comes to Zynga, a company known to build games based on numbers and statistics. Those numbers and statistics come directly from the customer and are directly related to whether or not the good numbers go up and the bad numbers go down. People seem to forget that these companies rely on customers to make them popular, it's far to easy for the pundits to say "well it's just marketing" as though customers are just deer caught in the headlights. I don't mean to underplay the role marketing has, it's huge, but lets be real, Zynga has released some awful games and they died, quickly. The ones that hang around have appeal to someone and they're tuned for what works for those people. that's business, because without customers, you have no business.

  16. Re:If the competition isn't copyrighting/trademark by JDG1980 · · Score: 2

    If the competition isn't copyrighting and trademarking their games as companies used to in the era of "Pac-Man" and "Space Invaders", then they haven't got the tools needed to defend themselves against Zynga's predatory practices.

    Do you have any idea how many Pac-Man and Space Invaders clones there were in the early 1980s? And few, if any, of the cloners were ever sued. This is because, as others have noted, you can't copyright game rules. You can trademark the title and copyright the code and graphics, but not stop someone else from independently re-implementing more or less the same game on their own.

    There have been many precedent setting cases in the US and Canada where competitors who cloned and renamed games without altering the play were able to defend against their predators, and force the competition off the market.

    Can you cite any of these cases?

    f Apple can force HTC and Samsung into a corner because of "design similarities", then the game companies should be able to lynch Zynga the same way.

    Apple's claims were based on patents, not copyrights or trademarks.

  17. Re:If the competition isn't copyrighting/trademark by JDG1980 · · Score: 3, Informative

    And if the originators of the game ideas win the case, I strongly recommend that they demand jail time for Pincus seeing as he's clearly documented that this is a POLICY of the company under his leadership, so he can't pin the blame on some middle manager and fire him instead.

    You don't seem to understand much about U.S. law. Torts are not crimes, and civil cases are not criminal cases. Individuals can't prosecute someone for a crime. You can only sue them civilly and get monetary damages, and/or an injunction to stop doing something. To send someone to jail, the state or federal government would have to criminally prosecute them. And there's next to no chance this will happen here, since it's not even clear that what Zynga did was a tort, let alone an actual crime. (Most trademark and patent infringements are not crimes, though some forms of copyright infringement are.)

  18. news? by residieu · · Score: 3, Insightful

    I assumed management knew what they were doing and approved all the copying. Do we really need leaked memos to prove it?

    This is like "Leaked memo from BizCo CEO: We should make money!"

    Nothing surprising here. Nothing incriminating

  19. Re:If the competition isn't copyrighting/trademark by msobkow · · Score: 1

    Yes I do. And do you have any idea how many of those clones were shut down by successful lawsuits?

    The fact that winning the battles in the face of rampant gameplay/idea piracy proved futile was because of the sheer VOLUME of players. I wouldn't recommend this tactic for dealing with iOS and Android game developers, because they're going to be outnumbered by them. But when the issue is one monolithic company that's abusive, like Zynga, then the tactic DOES WORK.

    As to citing cases, get off your lazy ass and search for yourself. I'm not your Google.

    --
    I do not fail; I succeed at finding out what does not work.
  20. Making money... by DogDude · · Score: 1

    If they're in the business to make money, then they're right. Find something that makes a little money, and duplicate it as many times as you can. There's really no reason to waste money innovating if they've already found a method to make money (for now, of course).

    --
    I don't respond to AC's.
    1. Re:Making money... by msobkow · · Score: 1

      "Making money" does not excuse a company from being subject to the law, much to the annoyance of the rich and powerful.

      --
      I do not fail; I succeed at finding out what does not work.
    2. Re:Making money... by residieu · · Score: 2

      Which would be important if there were any laws being broken, but there aren't.

  21. It still works for China by Anonymous Coward · · Score: 1

    And they have been doing it for decades.

  22. Re:If the competition isn't copyrighting/trademark by msobkow · · Score: 1

    Ah, so it's the same as Canada, then. If you file a suit, you collect damages. If you go through the RCMP/FBI, you get justice.

    So the question is not whether they CAN pursue Zynga for jail time, it's a question of whether they CHOOSE to, or go for cash instead.

    It's too bad there isn't a provision on either side of the border for some sort of victim's damages collected on the basis of criminal cases.

    Here I thought lawsuits were the only way any one pursued criminals in the US unless the police/FBI got involved. Thanks for clearing up that it's up to the victim to decide which approach to take.

    --
    I do not fail; I succeed at finding out what does not work.
  23. Re:I got something to tell you! by Anonymous Coward · · Score: 0

    Get a job!

  24. This is old news from 2010 by bickle · · Score: 3, Informative

    This was in a SF Weekly article back in 2010. http://www.sfweekly.com/2010-09-08/news/farmvillains/

  25. Re:If the competition isn't copyrighting/trademark by slim · · Score: 1

    You don't need to "copyright" things. You automatically own copyright, on works that are in-scope, the moment you create it. There's no registration process or anything like that.

    But: copyright doesn't apply to the rules of games. It's long established in US copyright law, hence all the variations of Monopoly.

    Remake Civilization, with your own artwork, title, and independently-worded rulebook and no lawyer can touch you.

  26. Re:If the competition isn't copyrighting/trademark by Kagato · · Score: 2

    Civil law is not about what's right or wrong. It's about being the last man standing. It's about having the fortitude and war chest to defend what is yours. I've actually seen a case where a small company tried to defend it's patents against a larger one. The large company fly the lawyers in the meet with them. They took one look at the offices of the small company and told them point blank "You don't have the money to win this, we're not giving you one cent. Good day."

  27. All's fair by slim · · Score: 3, Informative

    It seems like everyone wants to object to this because Zynga's successful and commercial.

    If it was Take-Two suing FreeCiv, everyone would be taking the "information wants to be free" angle.

    We can't have it both ways. If you don't support Zynga on this, you've basically got to support software patents and all sorts of other bad, restrictive stuff.

    It's good that ideas can be copied. We can't change our minds on that just because the copier happens to be rich and successful.

    1. Re:All's fair by Dan667 · · Score: 2

      the difference is there is no money to be made with FreeCiv.

    2. Re:All's fair by Anonymous Coward · · Score: 0

      It seems like everyone wants to object to this because Zynga's successful and commercial.

      No, we object to this because Zynga did the equivalent of slapping a coat of paint on a Mustang and calling it a Corvette.

    3. Re:All's fair by snemarch · · Score: 1

      It's not just about free (or gratis, if you want to be anal), but also whether the product you're copying is something that's still pulling in revenue (or is supposed to).

      FreeCIV and OpenTTD probably aren't too bad in that respect, and at least for OpenTTD you need to get game data elsewhere (ie., being a pirate or buying the original, thus not causing a lost sale).

      I hope people can see there's a difference between doing that, and doing an almost 1:1 copy of a current game.

      --
      Coffee-driven development.
    4. Re:All's fair by Anonymous Coward · · Score: 0

      No, people object to this because Zynga are dicks.

  28. Relevent quote by sakdoctor · · Score: 3, Insightful

    Corporation. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce

    But in honesty, your ranting about nothing. Corporations are treated as juristic personalities by definition.

    1. Re:Relevent quote by GreatBunzinni · · Score: 1

      Yes, they may be recognized as juristic personalities. Yet, that doesn't take away the fact that decisions made in the name of corporations and orders given to employees of any corporation are made by individuals, real flesh-and-blood people. If people like you and me keep anthropomorphising corporations and, in the process, exclude any responsibility from the people who actually engage in psychopathic behaviour from their own free will under the guise of a corporate logo, then this sort of crap will keep being spewed without any consequence to it.

      So, it isn't a rant about nothing. It is a call to hold sociopaths accountable for their own sociopathic actions, and corporate personhood is not, nor it can ever be considered a cop-out for this sort of crap.

      --
      Slashdot, fix your code or at least hire someone who is competent at it to do it for you.
    2. Re:Relevent quote by Anonymous Coward · · Score: 0

      It's not definition, "corporate personhood" is a decision made by one "activist judge" over a hundred years ago.

  29. Good advice for open source developers by JDG1980 · · Score: 4, Interesting

    Pincus infamously told employees: 'I don't want f*cking innovation. You're not smarter than your competitor. Just copy what they do and do it until you get their numbers.'

    I'll probably get modded down for this, but I think the open-source movement would be well served if more OSS developers took this advice. Of course, it doesn't always apply, but if you're trying to compete with a dominant commercial product, don't think you know better than Microsoft or Adobe or Apple; just copy the damn thing. The GIMP crew thinks they know better than Adobe how to design a UI, and look at how far that has got them – the butt of every joke in the OSS world. People don't want GIMP, they want an open-source copy of Photoshop, so give that to them. Likewise, people don't want all the "innovative" desktop environments Gnome and KDE are coming out with; they want an open-source copy of the Windows UI. Or better yet an open-source version of Windows; it's amazing to me that ReactOS hasn't gotten more love, when it represents the best potential long-term method for open source to take over the desktop. I know it's not as rewarding for the coders, but if you actually care about the market share of OSS software, this is the way forward. Change the graphics as much as needed for copyright reasons, but copy the look and feel. After all, both Microsoft and Apple got their footholds the same way.

    1. Re:Good advice for open source developers by Anonymous Coward · · Score: 0

      People don't want GIMP, they want an open-source copy of Photoshop, so give that to them.

      No, they just want free (as in beer) Photoshop.

      Let them go buy it if they want that.

    2. Re:Good advice for open source developers by Tenebrousedge · · Score: 2

      No, open source developers do not (by and large) care about large pieces of marketshare. More users usually just means more inane, useless bug reports. And if all software makers are supposed to be copying each other, who is going to drive innovation? Do we just cede the reins to Apple and hope that we get more candy than shit out of that deal? Should we wait until the next version of OSX or Creative Suite to see what they do, and hope that everything is perfect?

      For what it's worth, you can have linux with the Windows UI if you want. Few people do. The Mac UI is also possible and a bit more popular. ReactOS is probably not getting a lot of love because Windows is, by and large, badly written. We have enough bad APIs already; making a bug-exact copy of a buggy piece of software sounds like masochism to me.

      By and large, I would say that the push for linux on the desktop has died down, certainly since Android. So has the desktop market; most users are happy with what they can do on a walled-garden smartphone. The recent UI changes to linux and windows seem to have taken notice of this trend---are you sure you know which way the wind is blowing?

      --
      Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
    3. Re:Good advice for open source developers by Anonymous Coward · · Score: 0

      Of course, the irony is that Photoshop is a closed-source version of the GIMP. All GIMP needs is a rebranding and a better color support.

    4. Re:Good advice for open source developers by Anonymous Coward · · Score: 0

      > implying that OSS organizations would not get their asses sued handily by the likes of Microsoft or Adobe or Apple

      Really, guy? Really?

      They hold patents for silly ideas like (OMG) "Slide to Unlock" and "Having a 'Doodle' Replace your Home Page Logo Every Now and Then, Because People Find It Mildly Entertaining"

    5. Re:Good advice for open source developers by AmbushBug · · Score: 1

      Maybe you want windows clones, but I don't. I like the recent changes in desktop environments. I have no problem with the GIMP UI. If you want windows, just run windows!

    6. Re:Good advice for open source developers by Robert+Zenz · · Score: 1

      I'll probably get modded down for this, but I think the open-source movement would be well served if more OSS developers took this advice. Of course, it doesn't always apply, but if you're trying to compete with a dominant commercial product, don't think you know better than Microsoft or Adobe or Apple; just copy the damn thing.

      Your logic is wrong, it's not about "copying the damn thing" and "compete with a commercial product"...it's about coding! Why do you think that thousands of people sit down to their home PCs and startz coding after an 8 hour day of...coding! Because they enjoy it. Most FLOSS projects did never think that they'd grow to that size, and most never do.

      The GIMP crew thinks they know better than Adobe how to design a UI, and look at how far that has got them – the butt of every joke in the OSS world. People don't want GIMP, they want an open-source copy of Photoshop, so give that to them.

      Thanks for telling me what I want. I actually love GIMP and the Multi-Window GUI, it's easier to use for me. It's about what people are used to, not what they want. If they want Photoshop, go buy it!

      Likewise, people don't want all the "innovative" desktop environments Gnome and KDE are coming out with; they want an open-source copy of the Windows UI. Or better yet an open-source version of Windows; it's amazing to me that ReactOS hasn't gotten more love, when it represents the best potential long-term method for open source to take over the desktop.

      Yes, please! I want freaking desktop effects I can't turn off! And I want only one panel with limited capabilities! And yes, pretty please, I want a file manager with ribbon toolbar!

      I know it's not as rewarding for the coders, but if you actually care about the market share of OSS software, this is the way forward. Change the graphics as much as needed for copyright reasons, but copy the look and feel. After all, both Microsoft and Apple got their footholds the same way.

      No, Microsoft got their way because they killed everyone else the hard way. Apple got their way because their products are limited but extremely polished.

    7. Re:Good advice for open source developers by Anonymous Coward · · Score: 0

      If you make stuff too similar to the big boys' versions you set yourself up for litigation (nowadays there are patents on everything). The goal of FOSS is to not ever be in such a situation in the first place.

    8. Re:Good advice for open source developers by Anonymous Coward · · Score: 0

      actually a better principle would be to just respect the wishes of the original developers as slackware tries to do. This does not favor either one user or another, and if the developer is either an individual or a large corporation it does not matter. If the original is maintained it is better for everyone because then all the copies tend to be compatible with eachother and development goes in one direction instead of many.

  30. Nimblebit's only available strategy by IGnatius+T+Foobar · · Score: 1

    Nimblebit's only available strategy now is to sell themselves to another mega-player (Gameloft?) who has the resources to mount a lawsuit against Zynga.

    --
    Tired of FB/Google censorship? Visit UNCENSORED!
  31. Re:If the competition isn't copyrighting/trademark by msobkow · · Score: 1

    But IS there an option to have a copyright or patent violation filed as a CRIMINAL case, or do you have to show how they've escalated the infringement to THEFT by turning a profit? If you're making money off a stolen idea, it's theft because you have paying customers showing it's an item or data of value. If you're just using it for yourself or giving away copies, there is no theft necessarily, just infringement.

    I'd argue that THEFT is a CRIMINAL suit if you want to file it as such and give up on collecting damages.

    --
    I do not fail; I succeed at finding out what does not work.
  32. Re:If the competition isn't copyrighting/trademark by msobkow · · Score: 1

    I mean file the charges of theft, not file a civil lawsuit on grounds of theft. Sorry for the fuzzy writing.

    --
    I do not fail; I succeed at finding out what does not work.
  33. It's a trap! by Anonymous Coward · · Score: 0

    It would be even worse if game mechanics were copyrightable!

    Something worth reading: http://killscreendaily.com/articles/attack-clone-attackers

  34. Idea-expression divide by tepples · · Score: 1

    It wouldn't help because game mechanics are already excluded from U.S. copyright as a "process, system, [or] method of operation" in 17 USC 102(b), which implements the idea-expression divide.

  35. Re:If the competition isn't copyrighting/trademark by JDG1980 · · Score: 1

    So the question is not whether they CAN pursue Zynga for jail time, it's a question of whether they CHOOSE to, or go for cash instead.

    They can do both simultaneously. Or try to. But in this case, if they go to the FBI and file a claim of copyright or trademark infringement, they will be told that it's a civil matter. Criminal copyright infringement only applies to cases where it's absolutely clear that the copying is prohibited. Here, Zynga can plausibly argue based on existing precedent that game rules aren't subject to copyright at all, so they did nothing wrong. The FBI isn't going to waste their time on this kind of hair-splitting, and you can't force the police or FBI to pursue a criminal case if they don't want to.

  36. Re:If the competition isn't copyrighting/trademark by JDG1980 · · Score: 1

    As to citing cases, get off your lazy ass and search for yourself. I'm not your Google.

    You made the argument. Back it up or STFU.

  37. Re:If the competition isn't copyrighting/trademark by JDG1980 · · Score: 1

    For criminal sanctions for copyright infringement, it now doesn't matter if the infringement was for profit or not. However, the government DOES have to prove that the infringement took place, and that it was willful and deliberate. That's why Zynga cannot and will not be criminally prosecuted; it's not at all clear that what they did was even infringement at all, and even if a civil court ruled that it was, the fact that there were good-faith arguments on the other side indicates the infringing acts were not undertaken willfully and deliberately. Bottom line, no way is the FBI getting involved in this one: if asked, they're going to say it is a civil matter.

  38. wow. by unity100 · · Score: 1

    Copyrights allow little guys to get into a business

    what a shallow, conditioned sentence.

    copyrights allow little guys to get into business eh ? where are all the little guys then ? what happened to the people zygna, microsoft, google copied ?

    Removing patents and copyrights is not the solution to people exploiting a loophole in the patent/copyright system.

    removing patents and copyrights, reverting it to before how it was prior to coming to prominence before 1850, will be the solution. there were copyrights and patents even before 1850, however, free sharing spirit in science, engineering, literature and music was prioritized by the people. when big investors started to get into this new thing they call 'science and applied sciences', things suddenly turned around. and we are rehashing and reiterating what we were able to breakthrough until 1850s. ..............

    there is no way to make copyright or patents work. copyright and patents reinforce the established power, and then established power reinforces them. its circular. and small guy has no place in it, unless s/he has the money. and when s/he has the money, small guys become a threat and therefore s/he turns into a big guy and reinforces the cycle.

    1. Re:wow. by Grishnakh · · Score: 1

      copyrights allow little guys to get into business eh ? where are all the little guys then ? what happened to the people zygna, microsoft, google copied ?

      Rovio, the people who make Angry Birds, seem to be doing just fine, even though 8 years ago they were just 3 university students. Now it's one of the most-sold apps on the Apple store. I don't see any "copies" by Zynga overtaking them.

      Removing patents and copyrights won't make it like it was before 1850, as there were certainly patents and copyrights back then. The difference was 1) the terms for copyrights (14 years + a single 14-year extension if you're still alive), and 2) patents weren't so overly-broad as they are now. I agree with returning things to the way they were, but that doesn't equate with the word "removing". In fact, I think copyrights should be shortened to 5 years, with multiple 5-year extensions being available for geometrically increasing fees.

    2. Re:wow. by Grishnakh · · Score: 1

      Furthermore, Microsoft didn't copy that many products. Most of their successful products were bought, not copies. Powerpoint, for instance, was purchased; it used to be made by a company of the same name, and MS bought the whole company. The "little guy" did very well there; they made a product that was successful, then the big guy bought them out, meaning they all got a giant paycheck. It's not really good if you value having lots of smaller companies rather than a few big companies, but for the "little guys", it was a giant success. Back in the 90s, most software companies had a dream of doing well enough to attract MS's attention and get purchased. That's exactly how copyright works; it's usually cheaper to just buy something you like than to try to make a clone of it (developer time is expensive), especially if what you're buying is already popular.

      Google has been a big acquirer of companies too. I don't think the companies being acquired are complaining.

    3. Re:wow. by cforciea · · Score: 1

      Rovio actually took their game concept wholesale from another game, as well, which makes your choice of example somewhat interesting.

    4. Re:wow. by s73v3r · · Score: 1

      Piss and moan all you want, it's true.

      copyrights allow little guys to get into business eh ? where are all the little guys then ?

      Check out the Humble Indie Bundles for some examples.

      what happened to the people zygna, microsoft, google copied ?

      About the same thing that would happen to them if there was no copyright. Except the original author would have even less recourse available to them.

      removing patents and copyrights, reverting it to before how it was prior to coming to prominence before 1850, will be the solution.

      No, it won't. Not to this problem. Do that, and now you've just made it EASIER for Zynga to rip someone off.

      Seriously fucking explain how removing copyrights will stop Zynga from ripping someone off.

      however, free sharing spirit in science, engineering, literature and music was prioritized by the people

      Free sharing is good. It doesn't tend to pay the bills, especially with games, though.

    5. Re:wow. by Grishnakh · · Score: 1

      Didn't see that in the Wikipedia article, but still interesting. Still, these are "little guys"; you can't tell me than 3 university grads with a brand-new company are "big guys". So if they made a better version of the same concept as someone else, more power to them.

    6. Re:wow. by funfail · · Score: 1

      Maybe they were just lucky to be not copied by Zynga.

    7. Re:wow. by makomk · · Score: 1

      Angry Birds' game mechanics were - mostly - taken wholesale from other games, but an important reason why it was so popular was almost certainly the whole birds vs. pigs idea and the artwork, sound effects, etc that built on that. As far as I'm aware that was entirely Rovio's work.

  39. Learn to play the game by Anonymous Coward · · Score: 0

    So far I feel that this is just the small company not knowing how to play the game and complaining that the pros are winning.

    There's a lot of sympathy going for the small guys Zynga "ripped off" but it's too easy to be a noob and hope to take on the pros from the start.

    First of all, those who have been ripped off by Zynga could have done things differently. If you have a good game (or think you have one), then you should be able to market it to the masses first. It's especially true for video games that good products get popular quickly (look at Minecraft and Terraria).
    If after a few months you still don't have a market, then maybe your game is not that good and you'd need good marketing to make money. Now if you can't afford good marketing, that's your problem. If a competitor comes in, replicates your product and succeeds at selling it, then you were not selling it right in the first place and thank god somebody else succeeded where you failed so that now we can all enjoy a good product.

    Tiny Tower and the others - never heard of them. I did hear about Farmville though, and I don't even use Facebook. Why did i hear about the latter and not about the former, if all these games are similar? Probably because Zynga added something to the product that made the public aware of it, or perhaps Zynga made some much needed improvements to the originals. I don't know, but whatever the case, the fact is the originals did not have a market even before Zynga came along, so it's too easy to say Zynga made them fail.

    Again, having a basic idea is not enough. If you can't turn your idea into something the public needs or wants, it's your own fault for failing. If a competitor comes along and improves your product the way the public wants it, then that competitor is doing the job you failed to do and it also does a service to the public.

    And if you think that the big players have an unfair advantage because they have lots of money, well you're wrong.
    If your idea is worth millions, then keep it secret until you can raise the funds to develop it fully. In the meantime, make some cheap games you can sell for a small profit, then use that profit to market your great idea the way you think the big players would do.
    If you release your game on a website like Kongregate and then a competitor sells it for iPhone before you do, then that's your fault. Next time, wait until you have the money to release it on the iPhone.

    Also, copycats like Zynga are not innovators, therefore if you really are an innovator you should have no problem improving what they "stole" from you and taking the market back. The way I see it, Zynga copied games and made the copies famous. Well, if you own the original, then use the popularity of their games to promote yours: "The Original Farmville" sounds like a great marketing catchphrase to me. You can also take it to the internet: the Tiny Tower guy received a lot of public support after he came out and claimed Zynga copied his game. Well in my case at least, he did exactly this: he used the popular copy's fame to promote his original. As I mentioned above, I never heard of Tiny Tower until the maker came out and claimed Zynga copied his game. Guess what? If he launches Tiny Tower 2 I'll check it out before I check Zynga's copy. But that's assuming he's creative enough to improve the original and create a new version. Is he really? Either he is, or Tiny Tower wasn't a great game and Zynga actually managed to make something good out of it (which would make Zynga the actual innovators in this story).

    Just... play the game properly. You're starting small, so be modest and patient. You're not going to build the next Facebook overnight, and even Facebook wasn't ripped off until they got big because they stayed off the radar until they could play on the same field as the pros.

    I'm not working for Zynga by the way. I realize I might sound like I really support them, but I don't. However, I'm strongly against copyright, mostly because it's abused by the big guys, bu

    1. Re:Learn to play the game by Anonymous Coward · · Score: 1

      In a nutshell, Zynga has simply mastered getting morons to buy regurgitated crap.

  40. Sad... by Anonymous Coward · · Score: 0

    It's sad to know that companies have been doing this forever and getting away with it. Its worse to see them get caught, admit to it and still get away with it.

    Why bother create anything? SomethingCO will come and take it or steal it eventually. :(

  41. Re:If the competition isn't copyrighting/trademark by msobkow · · Score: 1

    Ah, but because they're PROFITING off the infringement, it escalates to THEFT, a criminal matter.

    Though I could see some difficulty proving theft, because you CAN play the Zynga games for free if you want. You don't HAVE to buy the in-game schwag to play. So they just might have found a loophole defense against criminal charges.

    --
    I do not fail; I succeed at finding out what does not work.
  42. Re:If the competition isn't copyrighting/trademark by msobkow · · Score: 1

    Jesus but you're a lazy little fuck, aren't you?

    Here. Read. Lazy prick.

    http://www.law.cornell.edu/copyright/commentary/chn95t1.htm

    Dig up the rest yourself. http://lmgtfy.com/?q=videogame+pac-man+copyright+infringement

    --
    I do not fail; I succeed at finding out what does not work.
  43. pincus = HEADSHOT by Anonymous Coward · · Score: 0

    pincus has used all the dirty tricks in the book fucking people over, time to put a bullet in his leg, so that whenever he walks after that, he is reminded at every step that dirty deeds do not go unpunished

  44. The Bill of Rights and the Constitution by Lashat · · Score: 3, Informative

    do not read as being *that* complex, but their interpretation is constantly being argued in courts across the country.

    --
    For every benefit you receive a tax is levied. - Ralph Waldo Emerson
    1. Re:The Bill of Rights and the Constitution by zzsmirkzz · · Score: 2

      but their interpretation is constantly being argued in courts across the country.

      Yeah, by a bunch of purposely obtuse dickwads who would like to argue what the definition of "is", is. Most normal, rational, people have no problems understanding what was written and what was meant by them.

    2. Re:The Bill of Rights and the Constitution by StikyPad · · Score: 2

      Yeah, by a bunch of purposely obtuse dickwads who would like to argue what the definition of "is", is.

      That was Bill Clinton, not the SCOTUS.

      Most normal, rational, people have no problems understanding what was written and what was meant by them.

      Most normal, rational people *think* they have no problem interpreting what was meant, but you'll find that there's disagreement, and that disagreement has to be resolved somehow. "...the right of the people to keep and bear arms, [sic] shall not be infringed..." What are arms? Should we be allowed to own nukes? Should we require permits? Are permits an infringement? Does people mean "individual private citizens," militias, or something else entirely?

      And that's just one half of one sentence. If anything, laws are too vague, including (perhaps especially) the Constitution.

      Note: Those questions are rhetorical -- the point is you'll find vastly different answers from "normal, rational people."

    3. Re:The Bill of Rights and the Constitution by zzsmirkzz · · Score: 1

      That was Bill Clinton, not the SCOTUS.

      I meant lawyers, not exactly judges but since one becomes the other, the point is moot. Also, I used a well known example. Lawyers have done far worse than that.

      Should we require permits? Are permits an infringement?

      If permits can be denied (for any reason) then: no and yes.

      Does people mean "individual private citizens

      The People, means the People. Can't be any more direct than that.

      My point is people who find a way to interject confusion into obviously direct language usually have an agenda/bias and are not being intellectually honest with themselves or anyone else.

    4. Re:The Bill of Rights and the Constitution by StikyPad · · Score: 1

      You have your answers, but someone else has theirs, and they're not the same. If you can't acknowledge that without resorting to the "No True Scotsman" argument, then you're being intellectually dishonest.

    5. Re:The Bill of Rights and the Constitution by zzsmirkzz · · Score: 1

      You have your answers, but someone else has theirs, and they're not the same.

      On some issues, this is true. You will notice I did not use the "Are nukes considered arms" question to illustrate my point as that has valid interpretation questions. On the other hand, any confusion regarding whether the statement "the Right of the People to..." confers the right to The People, and not some other imaginary construct, is lunacy and a willful attempt to ignore the common understanding of the English Language. Of the two questions posed; One is intellectually honest, the other is not.

  45. Re:If the competition isn't copyrighting/trademark by JDG1980 · · Score: 1

    That paper you cited is on a completely different issue (lockouts and interoperability). An important issue, but not one relevant to Zynga's alleged actions here.

  46. Re:If the competition isn't copyrighting/trademark by JDG1980 · · Score: 1

    Ah, but because they're PROFITING off the infringement, it escalates to THEFT, a criminal matter.

    No, it doesn't. As I noted, copyright infringement can under some circumstances be considered a crime, but it is not considered theft – it's a completely separate and unrelated offense. And the criminal authorities aren't going to get involved in a case where it is not even clear whether the acts in question constituted infringement in the first place. You can repeat the word "theft" all you want, but it doesn't change the underlying facts: you can't copyright game rules.

  47. Re:What would? by TaoPhoenix · · Score: 1

    Getting a White Knight with a big enough pocket to enforce the "other side of the draconian laws" so that if they decide a "Copyrighted Work" = $375,000, then the software developer says "Hi. My game contains 16,0000 drawn images, of which you made Derivative Works to 12,000 of them. Thanks for the 4.5 Billion in fees!"

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  48. Reminds me of Betty's Beer Bar and Diner Dash by Anonymous Coward · · Score: 0

    Gamecloud just interviewed Kenny Dinkin, VP of PlayFirst, a new casual publisher. Dinkin praised PlayFirst's successful game Diner Dash, developed by gameLab:

    What I love about Diner Dash is its innovation - it's the platonic ideal of what we were shooting for - a game that had none of the presumed necessary trappings of a gamer's game: It has an everyday metaphor, a female hero who's a regular gal, 2-D graphics, humor and even a job where you work a shift!

    "Innovation"! That's so cute! Diner Dash is, in all these respects, a straightforward imitation of Betty's Beer Bar by Mystery Studio. (Mystery is a two-man team based in, believe it or not, Uruguay.)

    Later in the same interview, Baghdad Kenny continues:

    It's tempting to be conservative and copy stuff. But trying new things is what drives us. We're really enjoying incubating the unique vision of each of our developers. And for me personally, it's exhilarating to oversee a growing portfolio of new ideas.

    Source

  49. Wait until the stock lockout expires by kbob88 · · Score: 1

    Everyone who's met the guy knows that Pincus is a class A a**hole. No one I've met actually likes working there. They're just sticking around to cash out. I don't see a bright future for Zynga. All the key employees will jump ship once they can sell their stock. And what's to prevent them from copying all of Zynga's games and marketing them for less? They've got the knowledge and the experience, and they'll have the capital too. Plus the big boys in gaming are jumping in, and they will copy Zynga's games too. EA and so on will hire away all of Zynga's key people once they're free to move on. It will be a race to bottom, with everyone copying everyone else's games, probably farming out development to India or China. That will favor whoever can run the games the cheapest. I think Zynga's best hope is to get bought while they're still riding high. Of course, Pincus will do fine no matter what.

  50. So what if they clone? by Anonymous Coward · · Score: 0

    I'm so tired of people arguing that without copyrights there is nothing stopping larger corporations from swooping in and cloning games and "bullying the little guy". Here's the deal, software development takes time, staff, and ultimately money. Larger companies have many options available to them when they see a "little guy with a great game". They could buy the little guy out, negotiate a marketing campaign with them in exchange for royalties, or clone the game. This is a typical business decision of "are the profits worth the labor and time?" Cloning is not always the best choice. Depending on the scope and complexity of the game, it may take them several months if not a year to clone. This becomes even harder if the game is receiving frequent updates or if the numbers driving the game are not very easy to determine. If it takes a larger studio a solid year to create a clone of a game an indie guy has created, that's a solid year head start that the indie has to engage with fans and build a solid community. If the players decide that they'd rather play the clone either because it's better polished, fewer bugs or what not, that's their choice to do so. In the same stretch, there's nothing stopping a little guy from making a simplistic version of a triple A title that contains a few niche features that set it apart. That's the beauty of open competition, it benefits the consumer and not a single business.

    So I state again, cloning is not the problem. Casual/mobile games have very little depth and complexity to them allowing very small teams to copy the entire gameplay in a matter of weeks/months. As we improve our software engineering methods and our tools, games and other apps will be easier and easier to create/clone. As a society we need to accept this and get over the stupid belief that we're entitled exclusive rights to ideas and designs we come up with yet disclose to the public. If we continue to go down the path of patents and copyrights, the scope of these laws will get broader and broader until you get to the situation where only big publishers are allowed to make games because they own so many generic gameplay patents that threaten to destroy the business of any developer who isn't in league with them. How does that benefit the consumer?

    So to the developers both large and small who create small scope games on highly competitive platforms such as mobile and facebook yet decide to piss and moan and whine about not profiting due to other companies one upping them, it's your own damned fault as you failed to take into account the risks and competition involved. Either move to a more exclusive platform or find better ways to set yourself apart such as building a strong relationship with your fan based and offering more services.

  51. Re:If the competition isn't copyrighting/trademark by Kagato · · Score: 1

    You have to have juice in order to get the feds to move on something. Example, Microsoft accidentally ships an Xbox prototype to the wrong address. Who shows up after the delivery? FBI. Why? Money and power makes the world go round.

  52. a financial incentive for complex laws by Anonymous Coward · · Score: 0

    As discussed in this econTalk podcast, the current system provides a very strong financial incentive for overly complex laws.
    http://www.econtalk.org/archives/2011/09/winston_on_lawy.html
    Lawyers write the laws (congress only decided the broad strokes), and the more complex the law, the more money they make. Every added detail is important of course, but there is no financial incentive to ever look at the downside: the overall cost of complexity. So the invisible hand of the market creates more and more complex laws.

  53. Re:If the competition isn't copyrighting/trademark by randomencounter · · Score: 1

    Under current laws you could possibly patent them, however.

    --
    Forget diamonds, copyright is forever.
  54. Re:If the competition isn't copyrighting/trademark by scot4875 · · Score: 1

    Do you have any idea how many Pac-Man and Space Invaders clones there were in the early 1980s? And few, if any, of the cloners were ever sued. This is because, as others have noted, you can't copyright game rules. You can trademark the title and copyright the code and graphics, but not stop someone else from independently re-implementing more or less the same game on their own.

    The subtle and insidious difference between Zynga and the old clone companies, though, is that the old clone companies were the tiny struggling shops that ripped off successful ideas that had already gained mass-market appeal, while the likes of Namco and Taito kept inventing new things. Here, we have the 800 lb gorilla ripping off the work of the tiny struggling shops and using their brand power to sell them, while the actual inventors don't get jack.

    It's a complete inversion of how things used to work. Knockoffs had a bad reputation for being knockoffs because they were generally inferior copies of something that people already knew about. Now, nobody even knows that what they're playing is a knockoff because Zynga's marketing machine drowns out the efforts of everyone else.

    I don't know of an easy solution for it, other than to maybe put a bullet between the eyes of thieving sociopaths like Pincus, but it's a pretty fucked up situation where the actual creative talent gets absolutely no compensation and the knockoff artist dominates the market.

    --Jeremy

    --
    Jesus was a liberal
  55. Re:If the competition isn't copyrighting/trademark by Anonymous Coward · · Score: 0

    In the UK you can bring a private criminal prosecution against someone, though this right has recently been diluted: you now need the permission of the Director of Public Prosecutions to proceed.

    This is an essential right. If the police refuse to prosecute, say, a corrupt politician then the only recourse is a private prosecution.

  56. The average person by aclarke · · Score: 1

    I'm not generally an advocate for lawyers, but the solution of getting rid of all them is worse than the problem.

    If we wrote laws that were deciperable by the "average person", what about the approximately 50% of the population who are below average? At some point the laws will once again become indecipherable if you go down far enough. In essence, the problem is essentially the same except now it affects 35% of the population instead of 99% of the population. Those 35% who don't understand the laws are going to need someone to advocate for them.

  57. This is who. by luis_a_espinal · · Score: 1

    Who wants to come up with the next great innovation, when you know damn well that the second you do, some big player with more resources is just going to swoop in and steal it?

    People who care? People who get into the software/CS/engineering business because they kinda like, you know, like to build shit and innovate? People who know the different between a job and a career? Crazy idea, I know!!!!

    Seriously, who the hell would want to work in a company like Zynga is beyond me. Even in this time and age of job shortages, there are a lot jobs still. Granted that most won't be the R&D type most of us geeks would dream about. But hardly few are actually as twisted as Zynga is. The average software job, though mundane, it stills provides room for innovation and professional growth, however limited, so long as one can intelligently explains the ROI of it.

  58. considering by publiclurker · · Score: 1

    how you conveniently left out all mention of the words well regulated, I'd have to say that the intellectually dishonest response is not the one you are claiming. See, in the real world nothing is as clear as you would wish it to be.

    1. Re:considering by zzsmirkzz · · Score: 1
      Fine, I was making this simple because it is.

      A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

      I left those words out because they have no bearing on the operational part of the sentence. This is where a firm grasp of the English Language becomes necessary. Again I repeat, it clearly states; "The right of the people to keep and bear arms shall not be infringed". It doesn't say the right of the state, or the right of the agents of a state which it could if that's what was meant.

  59. ice ice baby... by Anil · · Score: 1

    I'm all for taking an idea and making it better or putting it in a new direction. His memo is completely correct about the iPad/iPod/Google.

    But in this case, how is what they are doing any different from Vanilla Ice using the music from "Under Pressure" in "Ice Ice Baby". New musicians playing on different instruments, with an added extra cymbal crash. A judge ruled that he stole the music and he had to shell out a bunch of cash. Can't nimblebit or whoever use that case as a legal precedent? Different code that output almost the same result.

  60. Thanks for proving my original point. by Lashat · · Score: 1

    Now to ahead and tackle Habeus Corpus.

    --
    For every benefit you receive a tax is levied. - Ralph Waldo Emerson
  61. Get a life, clueless coward by Zero__Kelvin · · Score: 1

    Literally nobody has given evidence that I am wrong, and in fact they couldn't possibly provide such evidence, since I am stating facts. If you could read, you would realize that the judge dismissed the Xerox lawsuit immediately: "Xerox's lawsuit appeared to be a defensive move to ensure that if Apple v. Microsoft established that "look and feel" was copyrightable, then Xerox would be the primary beneficiary, rather than Apple. The Xerox case was dismissed, for a variety of legal reasons[4]." Xerox management had changed by then, and they were saying in effect: "Sure we gave them permission to use our recipe, but we never would have done so if we knew it was going to actually be so lucrative! We would like a slice of the Apple pie they built with our recipe now please!"

    Your claim that you post as AC because you are at work is ridiculous, BTW. It shows the kind of person you are. Either one who slinks in the background and does things you believe to be unscrupulous, like post from work when you are not allowed to do so, and spreading false information in hopes that people will buy it, or (more likely) a liar and an M$ shill.

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun