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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.'"

45 of 384 comments (clear)

  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 Dexter+Herbivore · · Score: 4, Insightful

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

    4. 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?

    5. 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
    6. 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?

    7. 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.

    8. 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.

    9. 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.

    10. 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
    11. 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
    12. 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.

    13. 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."
    14. 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
    15. 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.

    16. 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.

    17. 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.

    18. 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.

    19. 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.

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

    And look where they are at.

    1. 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.

    2. 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
    3. 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
  3. 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.

  4. 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 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.

    2. 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.

    3. 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.

    4. 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...

  5. 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.

  6. 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.

  7. 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.
  8. 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?

  9. 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.

  10. 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.)

  11. 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

  12. 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/

  13. 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.
  14. 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.

  15. 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.
  16. 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.

  17. 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.

  18. 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