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Zynga Sues Brazilian Dev For Copying Its Games

An anonymous reader writes "In what can only be described as a case of the pot calling the kettle black, Zynga has launched and settled a lawsuit against Brazilian game developer Vostu after accusing Vostu of copying their games. The settlement resulted in the loss of jobs for many Vostu employees. How Zynga managed to carry out such actions while keeping a straight face after dealing with similar allegations remains to be seen."

46 of 115 comments (clear)

  1. oh the hypocrisy by sneakyimp · · Score: 5, Insightful

    *sigh*.

    1. Re:oh the hypocrisy by Dyinobal · · Score: 5, Insightful

      He who has the lawyers wins.

    2. Re:oh the hypocrisy by jduhls · · Score: 5, Interesting

      I would just shorten it to "the lawyers win". Innovation, competition, and the fair market lose. It's a nuclear arms race to acquire lawyers. What is this bubble? An over-litigious-society bubble? I hope it pops soon, though by then all the lawyers will have weaved golden parachutes or gotten jobs as lobbyists and politicians, right?

    3. Re:oh the hypocrisy by Chatsubo · · Score: 2

      He who has the gold, makes the rules.

      --
      > no, yes, maybe (tagging beta)
    4. Re:oh the hypocrisy by hairyfeet · · Score: 4, Insightful

      Its actually quite simple, the west will become gridlocked, with nobody able to innovate anything the constant copyright and patent trolling shut everything down or drag it for a decade through the courts, while the east that have made it clear they won't be buying our products OR playing our reindeer games will become the new powerhouse while the west rots. We've seen this before, in the rise of the USA who ignored the old world's copyrights and patents and were therefor able to build upon the work done before and "stand on the shoulders of giants" as it were. Now our entire history is being locked behind paywalls, can't anything get done with an army of lawyers, all so the 1% at the top can try to keep their strangehold on the wealth. Sad really but all good things must end and the current reign of the USA as the big dog will end with massive unemployment, out of control debt, and the jobs all being sent to places where they can build without an army or lawyers on retainer.

      --
      ACs don't waste your time replying, your posts are never seen by me.
  2. Remains to be seen? by TheSpoom · · Score: 4, Insightful

    Zynga has more money and better lawyers.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
    1. Re:Remains to be seen? by MrEricSir · · Score: 5, Interesting

      Lawyers maybe, but they lost nearly half a billion in Q4 alone.

      --
      There's no -1 for "I don't get it."
    2. Re:Remains to be seen? by Anonymous Coward · · Score: 5, Informative

      I think you should read that article closer. Revenue was up significantly. User base was up significantly.

      The losses were attributed to one time expenses related to their IPO.

    3. Re:Remains to be seen? by rtb61 · · Score: 4, Insightful

      It not how much money the corporation makes or loses, it's how much the psychopathic corporate executives can suck out of the investors before it all collapses, bonus if they get to keep their multi-million dollar golden parachute as for the coders at Zynga, if they print out their stock options, punch a hole in the corner and tie the bundle together with string, next time they go to the toilet, they'll have something to use.

      Why is it that companies that behave like this so often go up in flames in the great bankruptcy fire sale while the corporate executives retire to their mansions in tax havens.

      --
      Chaos - everything, everywhere, everywhen
    4. Re:Remains to be seen? by isfry · · Score: 2

      Soon we will have a new app from them called Lawyerville!

  3. It's a business, duh! by steelfood · · Score: 4, Insightful

    What a silly question. It's not about consistency, morality, or ethics. It's about what they can get away with, how far they can get away with it, and what happens if/when they get caught.

    Gotta get with the times. There's no such thing as corporate responsibility. How the money is made, where it comes from, and what the consequences of making it are, are all problems left for everyone else to deal with. There's only quarterly earnings, year over year growth, and valuation. Get in, make a boatload, and pray to your local diety you get out before the whole system comes crashing down on the heads of all the less fortunate ones who couldn't get out in time.

    --
    "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
  4. A Brazillion Developers? by Anonymous Coward · · Score: 4, Funny

    How could they possibly sue a brazilian devs? Surely that would be way too many for the court to handle at the same time.

    1. Re:A Brazillion Developers? by Macgrrl · · Score: 2

      I though it meant they'd been sued down to the bare boards.

      --
      Sara
      Designer, Gamer, Macgrrl in an XP World
  5. Typo in your post by MrEricSir · · Score: 2

    I believe what you mean to type was: "It's like RAAAAAEEEEYYYAAAAAAAAAAAIIN... on your wedding day!"

    --
    There's no -1 for "I don't get it."
    1. Re:Typo in your post by QQBoss · · Score: 2

      My European friends used to love to use that song as proof at the lack of education of Americans. I used to retort that the only irony related to that song was that Morissette is Canadian. We all got over it pretty much by 2000 or so.

  6. No it's not like this everywhere by Anonymous Coward · · Score: 2

    There ARE businesses that do not behave like this and they will get my money.
    I hate Zynga and their crap games anyway but this would just encourage me to avoid them.

    1. Re:No it's not like this everywhere by engun · · Score: 4, Insightful

      If something can be virally adopted, it can be virally killed.

  7. Why would they need to keep a straight face? by Zadaz · · Score: 2

    Why would they need to keep a straight face? They can afford better lawyers than anyone they're likely to sue or be sued by. The kind of business Zynga is involved in has nothing to do with ethics or image. If it was they'd have been out of business long ago.

  8. Sort of, I suppose by Anonymous Coward · · Score: 5, Insightful

    A predator kills and eats its prey while simultaneously doing everything within its power to make its own predators fail to kill and eat it. This is not hypocrisy.

    If Zynga sees the illegality of its own practice of copying other people's games as a calculated risk of doing business, then suing others for doing to it exactly what it does to others is really no different than basic predator behavior (which is natural enough...humans are predators after all).

    If you misinterpret Zynga's allegations to be some sort of political or moral statement about what kinds of business models/actions are not appropriate, then yeah I guess they are being hypocritical. But since when do large wealthy corporations bother with principles?

    1. Re:Sort of, I suppose by VGPowerlord · · Score: 2

      If you misinterpret Zynga's allegations to be some sort of political or moral statement about what kinds of business models/actions are not appropriate, then yeah I guess they are being hypocritical. But since when do large wealthy corporations bother with principles?

      Just off the top of my head, if Nimblebit were to sue Zynga, they could point at Zynga v. Vostu as Zynga's agreement that this kind of case is valid.

      Why? Because legal systems take your past actions into account and corporations aren't exempt from that.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    2. Re:Sort of, I suppose by Boscrossos · · Score: 2

      Of course, the lawsuits would probably take place in a different country, with a different legal system. Not all legal systems put precedent over law-as-written.

      --
      Jesus saves... the rest takes full damage.
    3. Re:Sort of, I suppose by erroneus · · Score: 3, Insightful

      If you see the justice system as little more than "survival of the fittest" then you would be right in your statement. But that's not how the justice system is supposed to work or to be used.

      The people behind Zynga are committing these acts wilfully and knowingly. There can be no hiding it nor denying it. They need to be sued out of existence and their lawyers disbarred.

    4. Re:Sort of, I suppose by tgd · · Score: 2

      A predator kills and eats its prey while simultaneously doing everything within its power to make its own predators fail to kill and eat it. This is not hypocrisy.

      If Zynga sees the illegality of its own practice of copying other people's games as a calculated risk of doing business, then suing others for doing to it exactly what it does to others is really no different than basic predator behavior (which is natural enough...humans are predators after all).

      If you misinterpret Zynga's allegations to be some sort of political or moral statement about what kinds of business models/actions are not appropriate, then yeah I guess they are being hypocritical. But since when do large wealthy corporations bother with principles?

      The real irony is not what Zynga is doing -- because they're *not* breaking the law, even if they're being unethical.

      The real hypocricy is the whining on Slashdot about it. If Zynga copies a two man developer, people get all up in arms about stealing their idea, or their IP. But when the word patent shows up in an article, or copyright on music or movies, people all of a sudden get up in arms.

      I suspect the common denominator is that people are hiding behind a veil of righteousness, but their motivations are entirely selfish. IP is bad when it means its not safe to steal other people's work and ideas for their gain, but its good when it prevents someone else from doing it.

    5. Re:Sort of, I suppose by smooth+wombat · · Score: 4, Insightful

      the company profits are well on par with Ubisoft and EA.

      Oh really? You might want to reconsider that comment.

      Zynga recent earnings and prospects

      EA recent earnings and prospects

      The numbers between these two aren't even close, neither in revenue or earnings.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
  9. Fingerprints by Anonymous Coward · · Score: 5, Interesting

    Claim 71 is the most interesting.

    Zynga claims that Vostu replicated a "bug" that was in CityVille. This kind of claim has been successful in map making and directories to prove copying of works. I would suspect this is why Vostu settled.

    Looking at the claims it would be very interesting to know if any source was actually lifted from Zynga by Vostu. But from a layperson or judge looking at it the conclusion may be the same.

    Game rules are not subject to copyright, however the exact source code and images are. I can imagine a judge saying that this "bug/feature" while independently coded in a clean room - is the equivalent of a trap street on a map or fictitious entry in a directory.

    1. Re:Fingerprints by am+2k · · Score: 3, Interesting

      Looking at the claims it would be very interesting to know if any source was actually lifted from Zynga by Vostu.

      It might be a case of cargo cult: Perhaps the programmers had the management-given task to replicate the game in every detail, noticed the bug and implemented it as well.

      I'm a freelance programmer, and I get a spec like "do it exactly like program X" very often (it's just limited to certain features in my case, not whole apps). Nowadays I refuse these tasks, since it's hard to replicate a feature in every detail without just copying the source, and it might even be something the client didn't want.

  10. Re:I Zynga win this. by Khyber · · Score: 5, Interesting

    Nope, you don't need millions of dollars.

    You wait for Zynga to win and set precedent.

    Then you sue using their own precedent against them.

    No major lawyers required. Even a fresh law grad could figure it out.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  11. Sound Legal Move by Shihar · · Score: 4, Insightful

    I don't see what the issue is here. Yes, Zynga copies other people's games. Yes, this company was just doing the same thing. What you people are all apparently are missing though is that Zynga is simply applying simple, well know, and accepted legal practice of "I have more lawyers so fuck you because I said so". I really don't see how you can argue with that.

  12. Game rules are not copyrightable by nedlohs · · Score: 4, Insightful

    But lots of other parts are copyrightable. Such as some of the graphics and sounds.

    The dream heights/tiny tower was an obvious copy of the gameplay. But the graphics were completely different. And you are alllowed to do that.

    These ones look much closer to copying of elements like art, which you aren't allowed to do.

    Of course once you introduce patents gameplay might end up protected - but I don't believe that's applicable in either of the cases.

  13. its inhuman barbarism, evolution backwards by decora · · Score: 5, Insightful

    and it smacks of a massively corrupt, medieval style social organization in which 'might makes right', and trial by combat was the norm. if we have 'trial by most lawyers', completely disregarding any principles of legal ethics or empiricism, we have not really advanced past the state described in the Viking Sagas of the 11th century .

    1. Re:its inhuman barbarism, evolution backwards by Renraku · · Score: 5, Interesting

      The issue is that if you find a way to level the playing field, someone will learn to play the game better than everyone else and you're right back to where you started. Companies used to exploit workers because you had to work somewhere if you wanted to survive and there were few laws against it. They used to rule with iron fists, threatening to fire people at every turn, or straight up beating them or subjecting them to other inhumane treatment.

      Then the law stepped in with a new civilized way of handling matters. Now you have to take your disputes to court, they said, where a judge can enact justice! Here are new laws to go by. As a result, companies still exploit workers and rule with iron fists backed up by massive legal departments and boatloads of money instead of a few strong guys that don't care to beat the shit out of you.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    2. Re:its inhuman barbarism, evolution backwards by EdIII · · Score: 2, Interesting

      You got a point. Why don't we just say fuck it to the massively corrupt system pretending to be just, and go straight to Thunder Dome .

      It would make you think twice about frivolous lawsuits.

  14. Re:I Zynga win this. by Gadget_Guy · · Score: 3, Insightful

    You wait for Zynga to win and set precedent. Then you sue using their own precedent against them.

    That assumes that any lawsuit would actually get won. The majority of the time a company will settle the case if it looks like they are going to lose (or they deem it cheaper to settle than pay for a lengthy trial).

  15. Where will the court find a judge & 12 jurors. by billybob_jcv · · Score: 3, Interesting

    ...that don't have farmville, mafia wars or yoville accounts?
     

  16. No. by MrEricSir · · Score: 2

    By your definition, both slapstick and knock-knock jokes qualify as irony.

    --
    There's no -1 for "I don't get it."
  17. Bravo Zynga, bravo by TiggertheMad · · Score: 5, Interesting

    The really ironic thing is, supposedly laws are to supposed to remove 'might makes right' from disputes in a civilized society, and move disagreements to a courtroom where they can be decided in a rational way without bloodshed. If we have gotten to a place as a society where having more money allows one to buy legal victories with more lawyers, then there really isn't any reason for the fiscal/legal 'little guys' to not just pull out a gun and kill someone they disagree. The whole non-violent method of solving disputes goes straight out the window.

    Interestingly enough, that is how radical and terrorist groups are created: the disenfranchisement of a group from society because it feels it has no voice. With no stakes in a society, there isn't any reason not to kill anyone who looks at you cross eyed.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:Bravo Zynga, bravo by unity100 · · Score: 2, Interesting

      The really ironic thing is, supposedly laws are to supposed to remove 'might makes right' from disputes in a civilized society, and move disagreements to a courtroom where they can be decided in a rational way without bloodshed.

      you didnt 'come' to that point. you never left that point. the actual might which made the medieval ages, was never dropped - property ownership and wealth. only, the method changed. back then the wealthier used more goons to overwhelm the poorer, now they use lawyers. the 'might makes right' tribal justice was much more just than the actual 'might makes right' justice of feudal power. at least, you could somehow win against a single person with the tribal law. with medieval might makes right, there is always another goon serving the lord who could smack you after you took one down.

      Interestingly enough, that is how radical and terrorist groups are created: the disenfranchisement of a group from society because it feels it has no voice

      except that the 'group' currently disenfranchised from society is around 95%. the only thing preventing what you speak of, is that most of them think that they have a place in the system, due to conditioning and brainwashing by media.

    2. Re:Bravo Zynga, bravo by UnknownSoldier · · Score: 2

      Your conclusion faulty, based on a faulty premise.

      The root problem is greed. The symptom is that money got involved with laws. He who can afford the most lawyers can win. Notice this is the SAME problem & symptom in Politics.

      The solution is to remove money from the equation:

      If one side wants to pay one lawyer more then half of it should be given to the other side. That is, pool the resources, so one side does not have a monetary advantage.

      OR,

      the better long term solution: Get rid of money. Now you're probably thinking -- LOLz , what?!

      What do you think money _is_? Money is nothing more then the exchange of energy.

      We all get "free" energy from the Sun everyday. It doesn't ask for anything back. It just gives and gives. Therefor, research alternative ways to provide "free" energy.

      When everyone has a safe portable energy generator in their home that is equivalent to the power of a nuclear reactor you don't think the world is going to change?

      That is what is coming down the pipe ~ 50 to 100 years.

      The maturity of removing greed from systems, because greed is a cancer -- it causes whatever system it touches to implode.

    3. Re:Bravo Zynga, bravo by Dutch+Gun · · Score: 2

      What? No, money is a representation of life energy, not simple power. A person trades their time (life energy) for money. A person's wage or salary determines the exchange rate. That person can then trade that money for goods and services that other people have sacrificed their life energy to produce. I can have the equivalent of a nuclear power plant in my house. That's not going to put a single green bean on my plate, nor purchase a car to travel in.

      Anyhow, back on topic... the single slimiest producer I've ever worked with ended up at Zynga. I'm pretty sure he fit right in to their corporate culture. Don't paint all companies with the same brush. I really appreciate the game dev company I currently work for. Everyone is genuinely excited about making fun games for people, and while we want to earn a living doing it, we're also not actively looking for every opportunity to screw customers over, or to pillage and rape other companies with teams of lawyers. We just try to produce fun games.

      Generally speaking, I think a company's ethics pretty much flows from the top. In our case, I genuinely respect our company prez (he's earned his stripes in the trenches). I've been in other companies where the leadership couldn't even be bothered to play the games we made (seriously, they just watched other people play and then made random decisions about things to change). The difference between the two companies, in everything from the quality of the games we produce to the way employees are treated... night and day difference.

      --
      Irony: Agile development has too much intertia to be abandoned now.
  18. Just remember... by dadioflex · · Score: 2, Interesting

    Google didn’t create the first search engine. Apple didn’t create the first mp3 player or tablet. And, Facebook didn’t create the first social network. But these companies have evolved products and categories in revolutionary ways. They are all internet treasures because they all have specific and broad missions to change the world.

  19. Seems legitimate. by kamapuaa · · Score: 3, Interesting

    It's one thing to post a rip-off game or a general concept. But Vostu did exact replicas. As in, side-by-side pictures look basically identical, game bugs were replicated, artwork is nearly identical. I think there is a line and that Vostu crossed it.

    What are the comments here arguing? That exact copies of games should be allowed? That's obviously faulty. That no games with any similarity can come out? That doesn't seem right either. Obviously there has to be some compromise between these two extremes.

    Really a lot of the comments here boil down to "I hate Zynga games," or "I hate lawyers."

    --
    Slashdot: providing anti-social weirdos a soapbox, since 1997.
  20. Leaked internal Zynga CEO memo to employees by muon-catalyzed · · Score: 5, Informative

    Without this gem, the discussion is not really complete.


    “I don’t f***ing want innovation. “You’re not smarter than your competitor. Just copy what they do and do it until you get their numbers.”

  21. Re:I Zynga win this. by michelcolman · · Score: 4, Interesting

    Yes, it's too bad they didn't fight the suit. All they had to do is show a copy of that Zynga letter that was basically saying that, in the cutthroat business of mobile apps, copying other people's apps was the norm and you should just learn to live with it and stop whining. That's basically them giving anyone permission to do the same, right? My defense would consist of a cover page, a copy of the recent article comparing one of Zyga's games to the original, and a copy of Zynga's response letter. Nothing else, no hundreds of pages of quotes from laws, just those two articles. Case closed.

  22. haha by unity100 · · Score: 2

    those businesses will start behaving exactly like these, when one of companies like these come and start competing with them with these methods. they have no choice. otherwise they would go under.

    allowing bad behavior, forces others to the same behavior.

  23. Re:Contest by gstoddart · · Score: 3, Insightful

    Did I miss the announcement of a contest offering a prize for the company that can be the biggest douche-bag?

    No, it's simply called 'doing business'. The prize is money.

    Nothing has changed, companies have always acted like that if it gets them the most money. It's not like in the last few months we've changed the rules to favor those who act like greedy bastards -- that's always been how it's worked.

    And, sadly, Zynga is far from the first company to be involved in two separate lawsuits, and arguing totally opposite (and incompatible) things in each.

    Corporations and lawyers don't have cognitive dissonance by doing contradictory things.

    --
    Lost at C:>. Found at C.
  24. Not so simple, I have more info about this. by goruka · · Score: 2

    Vostu is a Brazilian company, but the main workforce is in Argentina. Zynga came to the country first by spreading rumours that they were going to acquire a company. Zynga was, then, in the typical process of expanding it's assets and workforce to raise the value of their IPO or whole company value (The same way Playdom did before being sold to Disney, for example).
    Vostu is very strong in South America, the strongest social game company here, so it was naturally the best target of aquisition by Zynga. However, Vostu execs asked for a much higher price than Zynga was willing to pay. In consequence, Zynga sued Vostu to attempt to drive their price down.
    But in the end, the lawsuit carried for too long, and Zynga decided to go public anyway. Having no more reason to acquire Vostu, the lawsuit was settle briefly before the IPO.

    So, not really pot calling the kettle black, just corporate bussiness as usual.